Who is Covered by PIP Car or Truck Insurance in Florida?

The Office of Insurance Regulation published the Notification Of Personal Injury Protection Benefits.

It does a great job of explaining your personal injury protection rights and benefits under the Florida Motor Vehicle No-Fault Law.  Some of that information is below.

However, here, this article is more informative because it gives easy to understand examples of your PIP rights and benefits in Florida so that there is no confusion.

The Florida Motor Vehicle No-Fault Law does two things:

(1) It establishes a limited exemption from liability for injuries caused to others in an automobile accident; and

(2) It establishes personal injury protection (PIP) benefits to pay for certain losses resulting from an accident.

Named Insured is Covered by PIP

If you are a resident of Florida and own a motor vehicle, you are required to purchase PIP.  You are covered by PIP if you are the named insured.

You, the insured, are covered by PIP while driving your vehicle or when a passenger in another’s vehicle.

I wrote a separate article about whether pedestrians may be covered by PIP if a motor vehicle hit the pedestrian in Florida.

Example #1 – Named insured driving his vehicle

Mike lives in Florida and owns a car.  He purchases auto insurance on that car, which requires PIP to be on the policy.

Mike is the named insured.  He is therefore covered by PIP while driving his car.

I used the word “car” above, but the same result would apply if Mike owned and was driving any vehicle that Florida’s no-fault considers to be a “motor vehicle”, and that isn’t exempt.

For purposes of Florida PIP, “motor vehicle” includes:

• Cars, SUVs and Jeeps
• Campers and Motor Homes
• Truck-Tractors
• Private Buses and Private school buses
• Taxicabs, Limousines
• Emergency Vehicles (fire, police, ambulance)
• Trailers (except mobile homes)
• Semi-Trailers
• Public School Buses
• Uber and Lyft vehicles

Example #2 – Named insured while a passenger in another’s vehicle

Mike lives in Florida and owns a car.  He purchases auto insurance on that car, which requires PIP to be on the policy.

Mike is the named insured because he is named on the policy.  He is therefore covered by PIP while he is a passenger in another’s vehicle.

Some “Motor Vehicles” Aren’t Required to Have PIP

Not every “motor vehicle” in Florida is required to have PIP.

For example, starting on July 1, 2017, Uber cars must have PIP if the driver is logged onto the app, but not engaged in a ride.  Florida Statute 627.748(7)(b)1.b. (Chapter 2017-12).

If an Uber is engaged in a ride, the Uber car doesn’t need PIP.   Florida Statute 627.748(7)(c)1.b

The same is true for Lyft cars.  There are many more “motor vehicles” that aren’t required to have PIP insurance.

Resident Relatives May Be Covered While Driving Your Car, or As a Passenger in Your or Another Car

Resident relatives who live with you, the insured, may be covered by your PIP benefits while they are driving your car, and as passengers in your or another’s car.

Example #3 – Resident Relative driving named insured’s car

Sylvia is Mike’s sister and she lives with Mike, the insured.  Sylvia is driving Mike’s car. Sylvia may be covered by Mike’s PIP.

Example #4 – Resident Relative may be covered as passenger in your car

Sylvia is Mike’s sister.  She lives with Mike, the insured.  Sylvia is a passenger in Mike’s car. Sylvia may be covered by Mike’s PIP.

Example #5 – Resident Relative may be covered as passenger in another’s car

Sylvia is Mike’s sister.  She lives with Mike, who owns a vehicle that is not insured.

There are no other vehicles in the household.  Sylvia is a passenger in another’s car.

If Sylvia did not own a vehicle, then the insurer of the vehicle in which she was injured must her medical and hospital bills from its PIP.

In this example, Sylvia was Mike’s sister.  But the result would be the same if Sylvia was Mike’s minor daughter.  Commercial Union Insurance Company v. Williams, 309 So.2d 617 (Fla.1st DCA 1975).

Example #6 – Others who are injured while driving your insured motor vehicle

Mike lives in Florida and owns a car.  He purchases auto insurance on that car, which requires PIP to be on the policy.

Hugo is injured while driving Mike’s car.  Hugo may be covered by Mike’s PIP.

Example # 7 – Others who are injured while a passenger in your insured motor vehicle

Mike lives in Florida and owns a car.  He purchases auto insurance on that car, which requires PIP to be on the policy.

Hugo is injured while a passenger in Mike’s car.  Hugo may be covered by Mike’s PIP.

What Happens if You Live in Florida, But You’re Hurt in Another State?

If you or your insured relatives living with you are injured while outside Florida, and are in your insured motor vehicle, you and your insured relatives are covered under PIP as long as the injury occurs within the United States, its territories or possessions, or in Canada.

Example # 8 – Named Insured while outside Florida, inside insured motor vehicle covered.

Mike lives in Florida and owns a car.  He purchases auto insurance on that car, which requires PIP to be on the policy.  Mike is injured while outside Florida, and he is in his insured motor vehicle.

Mike is covered under PIP as long as the injury occurs within the United States, its territories or possessions, or in Canada.

Example # 9 – Insured relatives living with you are covered while outside Florida, and are in your insured vehicle may be covered by your PIP.

Mike lives in Florida and owns a car.  He purchases auto insurance on that car, which requires PIP to be on the policy.

Sylvia is Mike’s sister and she lives with Mike.  Sylvia is in Mike’s vehicle while outside Florida. Sylvia may be covered by Mike’s PIP.

Exceptions 

If your passengers or relatives living with you have a motor vehicle licensed in Florida or own a motor vehicle required to be licensed in Florida, they are not covered by your PIP coverage.  They must purchase PIP for themselves to have coverage.

Example #10 – If your passengers have a motor vehicle licensed in Florida or own a motor vehicle required to be licensed in Florida, they are not covered by your PIP coverage.

Hugo is injured while a passenger in Mike’s car.

Hugo has a motor vehicle licensed in Florida or owns a motor vehicle required to be licensed in Florida, therefore he is not covered by Mike’s PIP coverage.

Hugo must have purchased PIP for himself to have coverage.

Example #11 – If your relatives living with you have a motor vehicle licensed in Florida or own a motor vehicle required to be licensed in Florida

Sylvia is Mike’s sister and she lives with Mike, the insured.  Sylvia is driving Mike’s car.

Sylvia has a motor vehicle licensed in Florida or owns a motor vehicle required to be licensed in Florida, therefore Sylvia is not covered by Mike’s PIP coverage.

Sylvia must have purchased PIP for herself to have coverage.

Exclusions

An insurer may exclude no-fault benefits:

(1) For injuries sustained by the named insured and relatives residing in the same household while occupying another motor vehicle owned by the named insured and not insured under the policy.

Example #12 – Excluded no-fault benefits for injuries sustained by named insured while occupying another motor vehicle owned by the named insured and not insured under the policy.

Mike lives in Florida and owns a Honda Accord.  State Farm insures his Honda.   He also owns a Toyota Camry which is not insured under State Farm’s policy.

State Farm can exclude no-fault benefits for injuries sustained while occupying his Toyota Camry since Mike owns the Toyota and it is not insured under the State Farm policy.

Example #13 – Excluded no-fault benefits for injuries sustained by relatives residing in the same household while occupying another motor vehicle owned by the named insured and not insured under the policy.  

Mike lives in Florida and owns a Honda Accord.  Sylvia is Mike’s sister and lives with Mike. Mike’s Honda is insured with State Farm.

Mike also owns a Toyota Camry which is not insured under State Farm’s policy.  State Farm can exclude no-fault benefits for injuries sustained by Sylvia while occupying Mike’s Toyota Camry since Mike owns the Toyota and it is not insured under the State Farm policy.

You may also want to learn about PIP’s benefits, including medical payments, disability benefits, death benefits and optional deductibles and limitations.

Did someone’s carelessness cause your injury in a Florida car crash or other type of accident?

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Editor’s Note: This post was originally published in July 2014 and has been reviewed for accuracy.