Florida Personal Injury Protection Coverage Leaves Visitors High And Dry
Every Florida owner or registrant of a motor vehicle with four or more wheels is required by law to carry a minimum of $10,000 in personal injury protection (PIP) insurance. PIP insurance, also known as Florida No Fault Insurance, provides coverage up to policy limits for urgent medical care.
However, while PIP coverage has been a useful tool to ensure that injured Florida drivers have a safety net at their disposal, there is one gaping hole in PIP protection: it does not apply in many cases to non-residents.
How PIP Insurance Works
"Fault" for an accident can come into play in many ways and you may be entitled to economic recovery beyond that provided by PIP coverage. But, PIP protection is "no-fault" coverage; when you are involved in a motor vehicle accident, regardless of who caused it, your Florida PIP insurance covers you up to the limits of your policy. In turn, if another motorist was injured in the crash, their first $10,000 in medical bills will be paid for by their own PIP coverage.
PIP insurance generally "follows" policyholders. For instance, you are covered by your own PIP insurance while riding in someone else's vehicle, or when injured in a motor vehicle accident as a pedestrian or a bicyclist. Likewise, if passengers with coverage, or certain licensed drivers operating your vehicle with your permission, are injured in your automobile, their own PIP policies will kick in.
Your PIP insurance also covers your children and members of your household traveling in your vehicle - it will even cover your child if he or she is injured while riding on a school bus. In addition, your PIP will cover certain other passenger in your vehicle who lack their own PIP policies, so long as these passengers do not own a vehicle themselves.
Florida PIP Policies Inapplicable To Non-Residents
There is no doubt Florida vehicle insurance requirements are tailored to protect state residents when it comes to PIP coverage. In fact, to fulfill statutory obligations, PIP insurance must be specific "Florida coverage" delivered or issued for delivery in Florida by an insurance company licensed by the Florida Department of Financial Services. But what about non-Florida residents injured in a motor vehicle accident?
Unfortunately, non-residents are typically not protected by an insured driver's PIP coverage. For instance, if a non-Florida resident is injured in a motor vehicle accident as a pedestrian or bicyclist, they are not covered by the driver's PIP. This can leave tourists, travelers and other visitors to Florida unprepared to meet immediate medical expenses following an injury.
Some experts question the wisdom of Florida's PIP insurance policy that excludes out-of-state residents. In many other jurisdictions, coverage is extended to both residents and out-of-state visitors (i.e., if an in-state driver strikes a visiting cyclist or pedestrian, that driver's PIP policy will pay for the non-resident's medical expenses).
Leaving visitors out of the insurance equation is particularly difficult to explain in Florida - one of the most popular tourist destinations in the country. Every year, more than 80 million foreign and domestic visitors pass through The Sunshine State, spending in excess of $60 billion. Of course, Florida's economic interests would likely be better served by implementing insurance policies that are more favorable to tourists. But, many also see it as simply unfair to deny PIP medical coverage to visiting guests.
Reimbursement of Medical Expenses for Florida Visitors
Even though out-of-state residents are not covered by Florida PIP coverage, they are not completely without recourse in the wake of an injury stemming from a motor vehicle accident. Ideally, those visiting Florida should consider risks in advance and look into obtaining catastrophic health insurance to cover medical expenses that may arise during a trip. This type of health coverage can often be purchased on a monthly basis strictly for a single vacation or business trip. Additionally, although most consumers are not aware of it, many credit card companies provide important medical care benefits for travelers.
After an accident has occurred, injured parties may wish to seek compensation from negligent parties who caused the incident. Although this process may take longer than the nearly immediate benefits PIP can provide, it can also result in settlements or verdicts far in excess of the $10,000 policy limit of Florida's minimum PIP coverage.
If you have been injured in a Florida motor vehicle accident, you may have a variety of options. Contact an aggressive Florida personal injury attorney today to find out more about your legal rights to compensation.
