COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Tagged with Florida Insurance Law

Published on:

Florida_PIP_changesAfter years of effort (and plenty of money spread around Tallahassee by powerful lobbyists) the insurance industry has finally succeeded in limiting a motorist’s right to collect under Personal Injury Protection (PIP) coverage.

As advocating for the rights Floridians injured in auto accidents is a large portion of or our practice, we have been watching this issue very closely.

For years, the industry has been blaming Florida’s no-fault law for staged accidents and other health care fraud. Portions of the Florida no-fault law requires every motorist to carry $10,000 in PIP coverage. This coverage is meant to pay the first $10,000 in expenses after an accident, regardless of who is at fault. The at-fault driver’s liability insurance and a victim’s health insurance come into play after the PIP benefits have been exhausted.

Published on:

According to a recent study performed by Nationwide Mutual Insurance Company, 73% of Americans talk on the telephone while driving. The Insurance Industry for Traffic Safety found that almost 6000 deaths were caused by distracted drivers in 2008. The numbers for teens are particularly striking. 21% of fatal car crashes involved cell phone usage and at least 50% of Florida teens admit to texting while driving.

Fort Myers Auto Accident LawyersIn Florida these numbers have particular significance because of our existing insurance laws and the number of uninsured drivers on our highways. Unlike many states, Florida does not require its drivers to have liability insurance conditioned to pay someone else harmed by a negligent or reckless driver. The only required insurance is PIP insurance which provides just $10,000 worth of no-fault medical or lost wage coverage. Very few hospital stays cost less than $10,000 so rarely is there any money for lost wages. Surprisingly, there is no requirement that Florida drivers carry insurance to pay the people they injure. Even more troubling is the fact that Florida, while having only minimal insurance requirements still has the 5th highest rate of uninsured drivers in the entire country. According to a recent study by the Insurance Research Council, a full 23% of Florida drivers had no insurance of any nature. Regrettably, those who do have liability insurance often have limits of only $10,000. All of which increases the likelihood that if you are seriously injured on the highway you may well have no one to look to reimburse you for your medical expenses, lost wages and pain and suffering. So, how can you protect yourself?

First and foremost, make sure to buy liability insurance that also includes uninsured motorist coverage. Unless you reject it in writing, your insurance company is required to sell you uninsured motorist coverage in limits equal to your liability coverage. For example, if you have $300,000 worth of liability coverage, unless you have rejected it you will also have $300,000 worth of uninsured motorist coverage. This coverage will insure you not only against people who hurt you who have no insurance but also drivers who have some insurance but who don’t have enough insurance to compensate you for your losses.

Justia Lawyer Rating for Jeffrey R. Garvin
Florida Legal Elite 2016
Super Lawyers
Million Dollar Advocates Forum
The Best Lawyers in America
Martindale-Hubbell
American Association for Justice
Florida Justice Association
Contact Information