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Whose Personal Injury Protection (PIP) Insurance Provides Coverage and When

What is PIP Insurance?

Florida is 1 of only 2 states that still requires PIP insurance.  A bill recently passed by both the Florida house and senate to eliminate PIP, but the governer vetoed the bill for unknown reasons. 

PIP is provided up to $10,000.00 insurance coverage primarily for medical bills, lost wages and death related expenses that result from an automobile accident.  This insurance is provided regardless of who is at fault in the accident and is typically provided by the injured party’s insurance provider.  In other words, even if you are not at fault, your own insurance company is responsible to pay PIP benefits on your behalf.

However, there are always exceptions or situations that require a little more contemplation.  In this article we focus on three less typical scenarios determining whose PIP insurer is responsible for an individuals medical bills, lost wages or death related expenses as a result of a automobile accident.

You have insurance, but you were not the driver in the crash

If you have insurance, but are not the driver and instead a passenger who is involved in an automobile accident, then your own PIP insurance coverage would apply to you.  This is true regardless if the person driving you around has insurance or was (or was not) the at fault driver.

You do not have insurance and you were not the driver in the crash

Let’s assume you do not own a vehicle and you do not have insurance and you are a passenger involved in a car cash, then the PIP coverage will be provided by the driver of the vehicle you were in.  The driver is also known as the “host vehicle” driver.

You do not have insurance, but you are living with someone who is covered

PIP benefits are available to the named insured person and family members residing in the same household. If you are uninsured but live with someone with insurance, you could be covered under your spouse/domestic partner’s policy or under your parents/sibling’s policy if related by blood.

However, you will likely not be covered by a roommate or live-in boyfriend/girlfriend’s policy in an accident since they do not meet the definition of a resident-relative under Florida law.

It is important to note that if you do reside with a resident-relative, then the host vehicle’s PIP coverage will not apply. For instance, if you are an uninsured student with no vehicle and get into a crash riding in your friend’s car, coverage will likely be sought under your parent’s policy if you maintain the same address.

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