Damage from Another Vehicle

When you’re in an accident with another vehicle in Florida, there are many different scenarios where insurance can apply to fix your car and pay for any personal injuries you sustained.  

In Florida, all drivers are required to have liability insurance. This is also called physical damage or property damage coverage.  That means, the insurance company of person that is at fault (i.e., “liable”) for the accident, will cover the damage to the other driver.  In this situation, if you are the at fault driver, your insurance will cover the other person’s damage, but may not cover damage to your own car.  If the other driver is at fault, then their liability insurance will cover your damages, up to a certain amount.

Although all drivers are technically required to obtain liability insurance, that does not mean that they follow through.  Thousands of drivers in Florida are driving around with no insurance due to an expired insurance policy, failure to pay their premiums, or are simply content with breaking the law and never obtaining insurance in the first place.  In this situation, hopefully you elected to obtain uninsured motorist coverage from your insurer.  If not, you may have some remedies under your own insurance policy if you purchased comprehensive collision coverage.

Collision coverage covers damage to your own vehicle when there is an accident, regardless of who is at fault.  This can apply in situations where you caused the accident and your vehicle was damaged, or also in situations where the other party in the accident does not have any insurance or is underinsured.  Comprehensive coverage covers damage to your vehicle at any time, including storm damage, fire damage, flood, and usually theft.  Together, comprehensive coverage and collision coverage are called “comprehensive collision coverage” and cover an array of damages to you and your vehicle.  Comprehensive collision coverage may also pay for a rental car in an accident, but if you were not at fault, check and see if the at-fault party’s insurance pays for your rental car first.

Personal Injury Protection (“PIP”) is automobile insurance coverage that allows a person to recover from their own insurance company for economic loss (medical bills, etc.) as a result of bodily injury that they sustained in a crash.  PIP coverage applies to all people and is state-mandated coverage that applies instead of a person’s tort rights up to the $10,000 limit.  In other words, if your bodily injuries were less than $10,000, you can’t sue the other at-fault driver because you would be covered by PIP.  If your injuries are more than $10,000, then you may be covered by the at-fault driver’s bodily injury liability coverage.