What Happens in Florida When You Let Someone Else Drive Your Car and They Get in an Accident?

October 3, 2024 | Winters & Yonker Personal Injury Lawyers | Car Accident

If you were recently involved in a car accident where one of the drivers was not the vehicle’s owner, the case may be more complicated. You should contact an experienced personal injury attorney to learn about your legal rights for financial recovery.
Here is some background to understand how driver insurance works in Florida.

Who Is Required to Carry PIP Insurance?

Florida is one of a handful of states that uses a no-fault system for car accidents. In the Sunshine State, all vehicle owners must obtain personal injury protection (PIP) coverage. PIP insurance pays for certain expenses related to an accident, regardless of fault.

After an accident, injury victims turn to their own insurance for coverage. This insurance has certain rules and restrictions, including the requirement to seek medical care for injuries stemming from car accidents within 14 days of the accident.

Therefore, if you are injured in an accident, you will most likely turn to your own PIP insurance for coverage.

Who Does Florida’s PIP Insurance Cover?

Personal injury protection insurance covers the policyholder and the following individuals unless they have their own PIP insurance:

Relatives living with the insured
Passengers riding in the insured’s vehicle at the time of the accident
A pedestrian the insured hit
Anyone driving the insured’s vehicle with their permission

If any of the parties listed above has their own PIP insurance, that insurance will apply instead to cover their injuries.

PIP insurance may also cover the policyholder and family members living with them when they are driving someone else’s car with permission, riding in a car owned by someone else, or injured as a pedestrian who is hit by a motor vehicle.

What Does PIP Insurance Cover?

PIP insurance generally covers the following:

Medical Expenses: PIP insurance pays 80% of medical expenses related to the accident, up to the $10,000 PIP limit. This covers expenses such as ambulance rides, emergency room treatment, surgery, doctor visits, and accident-related dental costs.
Lost Wages: PIP insurance pays 60% of an accident victim’s regular income, up to the policy limit, if they are unable to work due to their injuries.
Lost Services: PIP insurance pays for replacement services an accident victim cannot do because of their injuries, such as housecleaning or childcare.
Death Benefits: PIP also pays $5,000 for funeral and burial expenses per person killed in the accident.

Some insurance companies allow policyholders to elect extended PIP coverage, which increases the payment amount to 100% of medical expenses and 80% of lost wages.

Does Car Insurance Cover the Car or Driver?

In Florida, PIP insurance can cover the car and driver. For example, if you were driving someone else’s vehicle with their permission, your or the vehicle owner’s PIP insurance may apply. You should file a claim with your own PIP insurance shortly after an accident to preserve your rights.

However, it may be possible that the other driver’s PIP insurance or other insurance may cover your losses. An experienced lawyer can evaluate the case to determine which insurance applies.

What is PIP’s Property Damage Coverage?

In addition to PIP insurance, each vehicle in Florida must be insured with at least $10,000 in property damage liability coverage. This coverage pays for the damages to someone else’s vehicle when an insured driver causes an accident. You file a claim with the at-fault driver’s insurance company to pay for your vehicle repairs.

What If the Other Driver Did Not Have Permission to Drive the Car?

If the other driver did not own the vehicle and did not have permission to drive it, you may be able to file a claim with your uninsured motorist coverage. You could also file a personal injury claim against a party who caused your injuries. Contact an experienced Lakeland car accident lawyer today for help with your personal injury claim.

Contact a Florida Car Accident Lawyer from Winters & Yonker Personal Injury Lawyers for Help Today

For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in Florida today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.

We proudly serve Hillsborough County, Pinellas County, Pasco County, Polk County, and its surrounding areas:

Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
(813) 223-6200

Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
(727) 493-4418

Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
(727) 314-5988

Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
(727) 910-5060

Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805
(863) 251-6196