Who’s Covered By Your Car Insurance In Case Of An Accident?
When it comes to car accidents and your car insurance, especially in Florida, it can be very complex and confusing to know who’s covered and who’s not.
Florida is one of a few states that require drivers to carry auto insurance that pays personal injury protection (PIP) benefits. Additionally, Florida is a no-fault state. But what does this all mean when it comes to car accidents and coverage? And who all is covered by your car insurance in case of an accident?
Florida’s PIP Insurance Coverage
Florida drivers are required by law to carry what’s called personal injury protection, or PIP. This mandated insurance coverage covers injuries that the policyholder may sustain in a traffic accident regardless of which driver was at fault. This is also what is meant by Florida being a no-fault state. It does not matter who caused the accident, each driver covers the auto repairs and medical injuries for themselves up to $10,000.
Drivers in Florida are required to carry a minimum of $10,000 bodily injury insurance. If medical or repair expenses exceed that then the other driver’s insurance might cover the remaining costs.
Of course, we have a big uninsured motorist (underinsured too) problem in the state and this can mean that in case of an accident it’s even more difficult to have your and your passenger’s injuries fully covered to make you all whole again.
This is when it is good to have a personal injury lawyer specialized in auto accidents by your side and at Mickey Keenan, PA we are there every step of the way because your family is our family. Call our South Tampa, FL based car accident attorney today. 813-871-1300
What do PIP Benefits Cover?
PIP pays up to 80% of medical bills and 60% of lost wages that are directly related to the accident until $10,000 is met in bills and wages. After that, the driver that was not at fault can focus on the at-fault driver.
This is what makes Florida’s traffic accident law a bit more complex and even more surprising than most states because it requires YOUR own PIP to pay this regardless of fault.
What If I Was A Passenger?
What happens if you are the passenger of a car accident, whether it was the driver’s fault or not? What are your rights?
As a passenger, you have just as much a right as the driver to recover compensation for medical bills, lost wages, and any other accident-related expenses. Florida law entitles passengers to pursue an injury claim, but certain specific legal requirements must be met before reimbursement can be received. Having an experienced injury lawyer by your side will ensure the least amount of stress and the most amount of compensation.
There are 3 options for filing an injury claim. Which option you choose depends on several factors including the severity of the injuries and the other drivers’ insurance coverage.
- The driver of the vehicle in which you were riding in and their insurance company (because of PIP it does not matter if they are at fault or not)
- The other driver involved and their insurance company after the $10,000 coverage is met. This may require making two claims.
- The passenger’s own auto insurance company. To do this you must seek medical treatment within 14 days.
What if it wasn’t my car but I was the driver?
On certain occasions, you may allow a trusted friend or extended family member to drive your car. But what happens if or when they get into an accident? Which car insurance will provide coverage?
Generally speaking, if someone is driving your car they are covered by your car insurance. Typically, auto insurance follows the vehicle, not the driver. Although, this can vary depending on specific auto insurance policies. In most cases, the permissive use provision covers anyone who might borrow your car on occasion.
If another person will be using your car regularly, such as a nanny or close friend, it is advised to add them to your insurance coverage.
It is also good to note that anyone that lives in the household of the policyholder, such as children, are covered by that auto insurance during an accident.
Call a Veteran Car Crash Attorney
Whether you are a driver or simply a passenger, the personal injury lawyers at Mickey Keenan, P.A. will work with you to navigate Florida’s traffic accident law. When it comes to being a no-fault state, car insurance agencies, and medical bills can get even more confusing. We offer free, no-obligation consultations.
Contact us online or call to speak with an attorney – 813-871-1300. We can settle your auto insurance situation for you and can help resolve your claim quickly and efficiently to ensure you are getting the compensation you deserve. Here, we treat you like family because your family is our family.