US Personal Injury : Florida Motor Vehicle Insurance

If you at any time drive a motor vehicle in Florida, you will need to have a basic understanding of the Florida insurance law as it is significantly different than in the UK.

1. Personal Injury Protection (PIP): For purposes of US automobile insurance, Florida is what is known as a partial “no fault” state. This generally means that in the event of an accident, regardless of who caused the accident each party is responsible for their own injury-related medical expenses, lost wages, lost services, funeral expenses and other costs related to any injuries sustained in the accident. This coverage is known as personal injury protection or “PIP”. PIP insurance covers the insured, the insured's relatives residing in the same household, anyone driving or riding in the vehicle, and anyone not in a vehicle who is hurt as a result of the use of the vehicle. PIP coverage pays for only 80 percent of reasonable and necessary medical expenses, 60 percent of lost wages, and $5,000 for death benefits. Be aware that drivers are only required to carry $10,000 PIP cover and the relevant insurance company has 30 days from the date it is furnished written notice of a covered loss and of the amount of same to make payment on it. If you are entitled to claim PIP benefits from another you should ensure your claim is filed as the funds may no longer be available where others have claimed earlier.
   
   The purpose of PIP is to try to ensure the injured party to receive payment for most medical, disability, or death expenses promptly and without having to sue. However, in exchange for this, your right to sue the other party for pain and suffering is limited to cases of: Significant or permanent loss of an important bodily function, Injury that is permanent within a reasonable degree of medical certainty, Significant and permanent scarring or disfigurement, or Death.
   
   
2. Bodily Injury Cover (BIL): Surprisingly, bodily injury cover is not generally compulsory. In cases of significant injuries as set out above, where you can sue the other driver, he or she may not be insured adequately or at all. This also means that if you do not arrange adequate cover when you are driving you could be exposed to substantial uninsured claims. 
   
   
3.  Property Damage Cover: Florida auto insurance laws require all drivers to carry a minimum of $10,000 property damage liability for damage caused to the property of others. 
   
   
4.  Other coverage: Florida auto insurance companies will also offer optional coverages such as collision, comprehensive, and uninsured and underinsured motorists coverage. Unfortunately, not all drivers carry the necessary coverage, or any coverage at all. A person injured by an uninsured driver’s negligent operation of a vehicle, could be left without any viable recourse against the uninsured driver.

It is not recommended you discuss your potential claim with another party’s insurer. Bennetts are in a position to assist you, make you aware of all your options, and settle your claim.