Can I Be Sued for a Car Accident If I Didn’t Have Insurance?
Getting into a car accident is stressful. But finding out that someone wants to sue you—especially if you didn’t have insurance at the time—can be downright terrifying.
Whether you were uninsured by mistake, due to financial hardship, or because you believed someone else’s policy would cover you, it’s important to know: Yes, you can be sued for a car accident in Florida if you didn’t have insurance. But that doesn’t mean you’re out of options.
At Florida Civil Counsel, P.A., we help people throughout the state—including in Orlando, Tampa, and Miami—navigate these exact situations. Whether you’ve received a demand letter or are just trying to understand your risks, here’s what you need to know.
What Happens If You Cause an Accident Without Insurance in Florida?
Florida requires drivers to carry a minimum amount of auto insurance, including Personal Injury Protection (PIP) and Property Damage Liability (PDL). However, Bodily Injury (BI) coverage is not required for most drivers—meaning that even insured drivers can face personal exposure in injury claims.
If you’re uninsured altogether, and someone claims you caused a crash that injured them or damaged their car, they may:
- Send a demand letter requesting payment for medical bills, lost wages, or pain and suffering
- Threaten or file a lawsuit seeking compensation
- Report the accident to the DMV or your employer (in commercial cases)
Without an insurance company defending you, you are personally responsible for responding. If you ignore the demand or fail to act quickly, you could face:
- A default judgment in court
- Wage garnishment
- Bank account levies
- Liens on personal property
We explain this in more detail in our guide to what can be taken if a judgment is entered against you in a car accident.
Common Scenarios for Uninsured Drivers Being Sued
Many people in Florida are surprised to learn they can still be sued even if:
- The other driver had insurance
- The police didn’t issue a citation
- There was only minor property damage
- The accident happened months ago
These are just a few examples of how these claims arise:
1. You were uninsured and allegedly caused a crash.
Even if no ticket was issued, the other party may later claim injury and pursue compensation.
2. Your insurance lapsed and you didn’t know.
Even one day without coverage can leave you exposed if an accident occurs.
3. You were driving someone else’s car.
If their policy doesn’t cover you—or the claim exceeds their limits—you could be sued personally.
Yes, You Can Be Sued—But You Can Also Defend Yourself
At Florida Civil Counsel, P.A., we regularly represent people in pre-suit auto accident defense. That means helping clients before a lawsuit is even filed by:
- Reviewing the demand letter and supporting documentation
- Confirming whether any insurance coverage applies
- Notifying the opposing party that you’re represented
- Drafting an affidavit of no additional insurance
- Attempting to negotiate the lowest settlement possible or a payment plan
Our goal is to protect you from aggressive tactics and avoid court if possible.
You can learn more about this process in our blog on pre-suit auto accident defense in Florida.
What If I Can’t Afford to Pay?
If you’re uninsured, you may not be in a financial position to pay a lump-sum settlement. The good news is that many claims can be negotiated—even when fault is disputed. Our firm frequently helps clients:
- Challenge inflated medical bills
- Explore shared fault under Florida’s comparative negligence statute § 768.81
- Propose a structured settlement with manageable monthly payments
Even if the other side is threatening to sue, acting early can help reduce your exposure and lead to a better outcome.
Should I Contact the Other Driver or Their Lawyer Directly?
No. Once someone is seeking money from you—especially in writing—you should not engage with them directly. Any communication you make can be used against you later.
We’ve covered this in our blog about responding to a lawyer’s letter after an injury claim in Florida. Instead, let a defense attorney communicate on your behalf and take the pressure off.
Our Firm Helps Uninsured Drivers Across Florida
At Florida Civil Counsel, P.A., we defend people throughout the state—from Orlando to Pensacola—who are being targeted after a car accident, especially when insurance is limited or unavailable.
We’ve also helped clients handle subrogation demands where an insurance company is seeking repayment for claims paid out on someone else’s behalf.
Whether you’ve received a letter, been served with a complaint, or just want guidance before things escalate, we’re here to help you make informed decisions and protect your future.Schedule a consultation today to find out how we can assist you.
