In many states, who pay for car crash injuries comes down to who was at fault. Things are different in Florida as it is a no-fault state. Each driver must claim for their injuries on their own insurance.
Florida drivers must carry personal injury protection
Personal injury protection (PIP) is mandatory for Florida drivers. It covers you for up to $10,000. We will look at what happens if your medical bills exceed this later in this article.
Passengers who hold PIP insurance should claim on that
If you hold PIP, you should claim against that. Regardless of whether you are driving or travelling as a passenger in someone else’s car.
What if you do not have PIP?
If you do not drive, you would not have a PIP policy. What then? In Florida, PIP holders can opt to cover members of their household. Let’s say you do not drive, but your spouse does. If you are injured while your spouse is driving, you could claim against their PIP.
Suppose you are injured while in a friend’s car. If your spouse holds PIP, you should claim that, regardless of whether they were with you.
If you are injured in a friend’s car, and neither you nor your spouse has PIP, you might have to claim against your friend’s PIP.
What if medical costs exceed the amount covered by PIP?
Car wrecks can result in catastrophic injuries, which end up costing a lot more than $10,000. In this case, you may need to claim against your healthcare insurance as well as PIP.
If your injuries meet certain conditions filing a lawsuit against the driver who was at fault may also be an option.
Legislators have proposed changes to car insurance
Legislation is currently under consideration to move away from PIP and the no-fault system of insurance cover. It would increase the amount covered to $25,000 per person or $50,000 in crashes where more than one person is injured.
If you are a passenger in a car accident, seek legal advice to understand the current situation and find the best way to claim for your injuries.