A motor vehicle driver’s negligence may cause a pedestrian’s injury in Florida. If so, in most cases, Personal Injury Protection (PIP) benefits will pay benefits.
The Florida Motor Vehicle No-Fault law establishes PIP benefits to pay for certain losses resulting from a pedestrian’s accident in Florida.
When are pedestrians covered by PIP after a motor vehicle accident in Florida?
Below are several scenarios where a pedestrian may be covered by PIP if a motor vehicle hit him or her in Florida.
1. 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.
Pedestrians are covered by PIP while outside a motor vehicle if struck and injured by a motor vehicle in Florida.
What is a “motor vehicle” for purposes of PIP in Florida?
Find out what is a “motor vehicle” for purposes of PIP. This will help you understand if PIP will cover you.
Most people think of motor vehicles as private passenger cars or trucks. However, Florida “motor vehicle” definition includes other vehicles as well.
Many other vehicles are not considered “motor vehicles” under Florida’s no-fault law. If one of those other vehicles hits a pedestrian, the pedestrian is not covered by PIP.
Who is a pedestrian for purposes of PIP in Florida?
Although the Personal Injury Protection (PIP) statute does not define the word pedestrian, it does give benefits to people:
“while not an occupant of a self-propelled vehicle.”
You may notice that your auto insurance policy may not define the word “pedestrian.” But, you are considered a pedestrian if you are:
- Walking
- Standing
- Sitting down
- Riding a bicycle
- on a skateboard or rollerblades
- on a scooter or moped (a moped is considered a bicycle). Velez v. Criterion Ins. Co., 461 So.2d 1348 (Fla. 1984)
- occupying a trailer
Example #1 – Named insured while outside a motor vehicle if struck and injured by a motor vehicle.
Mike lives in Florida and owns a car. He purchases auto insurance on that car, which automatically includes PIP.
Since Mike is the named insured, he is covered by PIP if while outside his vehicle he is hit and injured by a motor vehicle in Florida.
2. If you are a resident relative who lives with the insured, you may be covered by the insured’s PIP benefits while you are a pedestrian if struck and injured by a motor vehicle.
Example #2 – Resident relative while a pedestrian if struck and injured by a motor vehicle in Florida.
Sylvia is Mike’s sister. She lives with Mike, the insured in Miami, Florida. Sylvia does not own a vehicle.
Sylvia is a pedestrian in Florida. She is struck and injured by a motor vehicle driving by Jose. Sylvia may be covered by Mike’s PIP.
3. If you’re injured as a pedestrian when struck by an insured motor vehicle, you may be covered by the motor vehicle’s PIP.
Example #3 – Injured as a pedestrian while struck by another’s motor vehicle
Sylvia is Mike’s sister. She lives with Mike in Kendall, Miami-Dade County, Florida.
In this example, neither Sylvia nor Mike owns a motor vehicle in Florida. Sylvia is a pedestrian in Homestead, Florida.
She is struck and injured by a motor vehicle driving by Jose in Florida. Sylvia may be covered by Jose’s PIP.
This is true even if Mike owned a vehicle but did not have it insured.
Sylvia send Jose’s insurer an affidavit (form) stating that he did not own a motor vehicle at the time of the accident. This will help him get his PIP claim setup quickly.
Exceptions
If you are a relative living with an insured, and you have a motor vehicle licensed in Florida or own a motor vehicle require to be licensed in Florida, you are not covered by your relative’s insurance. You must purchase PIP for yourself to have coverage.
Example #4- Resident Relative’s PIP won’t cover relatives who own a car
Sylvia is Mike’s relative. She lives with Mike, the insured in Miami, Florida. Sylvia owns a vehicle.
Sylvia is a pedestrian in Florida. She is struck and injured by a motor vehicle driving by Jose. Sylvia will not be covered by Mike’s PIP.
Does a motor vehicle have to hit you for PIP to cover you?
PIP only pays medical bills if you have some sort of “physical contact” with a motor vehicle. But it does not have to be “actual” physical contact.
For example, if you are injury after being pushed to the pavement to avoid being hit by a colliding vehicles, PIP will pay for your medical bills.
If a motor vehicle hits a pedestrian in Florida, is the pedestrian entitled to compensation in addition to medical expenses?
Maybe. You may also be entitled to other compensation. However, those damages are outside the scope of this article.
Benefits
Learn the minimum limits for Florida no-fault personal injury protection benefits.
How much will PIP pay for a pedestrian’s medical expenses and lost wages?
Now that you know if a pedestrian is covered by PIP, you can then see See how much PIP will pay for a pedestrian’s medical expenses and lost wages if a motor vehicle hits him or her.
Learn more about getting medical bills paid in Florida auto accidents
If you want to learn more detailed info about getting your bills paid after someone’s negligence caused your Florida car accident, check out this article on who pays your medical bills paid after a Florida auto accident.
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