Who Is Covered by UM in Florida? And How Does “Stacking” Apply?

In the event you are seriously injured through the negligence of an uninsured motorist, Uninsured Motorist (UM) coverage will compensate you for medical bills, lost wages and pain and suffering.

UM insurance is purchased voluntarily, and allows you and other insured individuals access to the same recovery that you would have been entitled to had the negligent driver been insured to the same extent as your UM policy.

So who does UM cover?

Florida Statute 627.727 states that UM coverage applies to “Class I” and “Class II” insureds.

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Who are Class I Insureds?

Class I insureds include:

  • the named insured (policy holder)
  • the named insured’s spouse, and
  • resident relatives (relatives who are related by blood or marriage, living in the same household)

When a negligent motorist who has little or no BI insurance is found to be at fault for inflicting bodily injury, UM coverage protects Class I insureds whether they are

  • driving or riding in their automobile,
  • driving or riding in someone else's automobile, or
  • injured by a vehicle as a pedestrian

Who are Class II Insureds?

Class II insured are:

  • Drivers or passengers who had permission to operate and/or occupy the insured automobile at the time of the accident.

UM coverage applies to Class II insureds only with respect to the automobile they are driving or occupying.

How Does Stacking Apply? Who Is Covered by UM When the Coverage is “Stacked”

You may have heard that UM insurance is portable – meaning it “follows” the Insured. This is true to a much greater extent when the UM insurance is stacked.

Non-stacked UM Coverage Does Not Always Follow an Insured:

Suppose you bought non-stacked Uninsured Motorist coverage on an automobile. In this case, you can only claim benefits from your policy if you are in an accident while in the auto that you own and insure.

There are other instances when non-stacked UM will not cover the injured party. And, the level of available coverage when UM is not stacked will equal only the limit stated in your policy.

Stacked Insurance Always Follows the Insured:

If you have bought stacked UM insurance, generally you, your insured spouse and relatives and other insureds will be covered wherever you go, and regardless of whether you are the driver, passenger or a pedestrian. Plus, you may be able to stack insurance a single car.

The other significant benefit of stacking insurance is to increase the potential amount of insurance coverage.

It is also important to know what types of vehicles are covered by UM in a Florida car accident.

Contact Kramer Law in Orlando for Assistance

Florida’s car insurance laws are very complex, and every case is unique. A free consult with an attorney can be vital in helping you understand all options and compensation that may be accessible to you in a personal injury case.

We are always available to talk with you and answer your questions. If you or a loved one has been in a wreck caused by another driver’s recklessness, we are ready to help get your life back on track.

Contact Kramer Law to speak with attorneys who are concerned about the futures of the people we represent. Consultations are always free.

Call 855-Kramer-Now (855-572-6376).

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