Another driver’s negligence may cause a Florida resident to get hurt in a Florida auto accident car crash.
What is the Florida resident entitled to if the car that he was driving was registered and insured in a state other than Florida?
Florida Statute 320.38 says “In every case in which a nonresident…accepts employment or engages in any trade, profession, or occupation in this state…such nonresident shall, within 10 days after the commencement of such employment…, register his or her motor vehicles in this state if such motor vehicles are proposed to be operated on the roads of this state.”
This means that if you work in Florida for 10 days or more, your car needs to be registered in Florida. Your car also must have a Florida auto insurance policy.
If you work in Florida for 10 days or more, and you do not have a Florida auto insurance policy, and someone’s negligence caused your injury, you may run into issues that hurt your Florida car accident case.
Out of State insurer may deny you PIP benefits
Your other state’s insurance company may deny you Personal Injury Protection (PIP) benefits. This is especially true if you did not have Personal Injury Protection coverage in your out of state auto policy.
What happens if out of state insurance policy does not have PIP coverage?
You would need to them use health insurance coverage to pay your medical bills or ask an attorney to find you an orthopedic doctor who will treat you on a letter of protection (LOP).
Depending on county of the crash, your personal injury case may be worth much less
In terms of your personal injury case, the biggest problem with not having a Florida auto policy if you own a car in Florida and have work in Florida for over 10 days is that the tortfeasor may be entitled to a PIP credit if you are uninsured under Florida’s No Fault Law.
A tortfeasor is the person or company whose negligence caused your accident.
If your non-Florida insurance policy does not give you Florida PIP benefits, you are in violation of Florida motor vehicle law. You are treated like you were driving an uninsured vehicle that needed to be insured.
If you had Florida auto insurance, your insurer would pay 80% of your medical bills and 60% of your lost wages up to $10,000, subject to certain exceptions.
If your out of state policy does not give you PIP benefits in this scenario, then your auto insurance company will not pay 80% of your medical bills and/or 60% of your lost wages. It gets worse.
It also means that the driver that caused your crash may get a setoff (credit) for 80% of your medical bills that you owe.
Whether the tortfeasor will get a setoff depends upon the Florida county where the crash happened.
The setoff can lower your settlement by up to $10,000 against the at fault driver’s insurer.
Bottom Line
If you have worked in Florida for 10 days or more and have a car in Florida, you need to register your car in Florida and get it insured with a Florida auto insurance policy. If not, it may cost you up to $10,000 in PIP (medical and lost wage) benefits and the tortfeasor may get a credit for up to $10,000.
Whether the tortfeasor will get a setoff depends on the county where the crash happened.
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Hey, I am tackling a PIP matter.
If a person is a passenger of a car insured in florida with PIP. And the passenger has a AZ policy (No PIP) would the driver of the car’s PIP cover the passenger or would the driver’s AZ policy become primary?
Thanks!
MQ:
I wrote an article on “How Out of State Visitors Get Medical Bills Paid After a Florida Car Crash“.
Assuming that there are no coverage issues with the policy, then the host vehicle’s (car that the passenger is in) PIP should cover the the passenger (who I assume is an AZ resident) pursuant to Florida law and the policy terms.
There is a time limit to get medical treatment in order to qualify for PIP.
The host car’s PIP should cover a passenger irrespective of the passenger’s residency.
I don’t know if the AZ policy would provide coverage, or whether it is primary over PIP. I would make a claim with both insurers and let them give me a written response.
I’d give the car insurance claim number/info to all of my medical providers so that the medical provider doesn’t later argue that I’m responsible for the bill if one of the insurers argues that the time for a medical provider to submit a bill to PIP/Medpay has passed.
My answer is a general answer. There are many details and exceptions that can come into play and affect my answer.
Have a great day.
Disclaimer: You should speak with an injury lawyer immediately. There is a time limit to make a claim and sue or your claim is forever barred. I’m not your lawyer.