Expert: Doctor Settlement - 11/3/2008

Question
I was in a car accident and the other driver was at fault, this happened in florida, my mother-in-law was a passenger in the car at the time and she was also injured. We were told by my attorney that her car insurance was responsible for her injuries as it is a no-fault state. the other driver did not have bodily injury coverage. she does not believe us nor will she speak to the attorney and is now getting the bills and wondering why my car insurance is not paying them. I need to find out if this is correct and what statute is this related to in florida law.

Answer
Hi Virginia,

I think the attorney is correct; here is why.  If your mother in law is a resident of Florida and owns a motor vehicle, she is required to purchase PIP insurance.  She is covered by PIP as the named insured in the policy. She, as the named insured, is covered by PIP while when she is a passenger in someone else's vehicle.

If your passengers (or relatives living with you) have a motor vehicle of their own licensed in Florida (or own a motor vehicle required to be licensed in Florida) they are NOT covered by your PIP insurance coverage. They must purchase their own PIP insurance.  Hence, it would appear that the attorney is correct.

The legislature and governor recently enacted changes, so if your mother in law wants some authority to back up the attorney's opinion, I would suggest that you contact the Florida State Insurance Commissioner http://www.settlementcentral.com/links.php

Does that make sense?  I trust that extra time here and my efforts have been of value to you.  And thus I would respectfully request that you find the feedback form on this website and leave me some feedback.

Best Wishes,

Dr. Settlement, J.D.
www.SettlementCentral.Com