Pedestrian Accidents and Florida Insurance Requirements Explained
Pedestrian accidents can result in severe injuries and complex insurance issues. In Florida, the no-fault insurance rules often confuse both injured pedestrians and drivers. Understanding how coverage works after a pedestrian accident can help you protect your rights and seek fair compensation.
Florida’s No-Fault System and Pedestrian Claims
Florida follows a no-fault insurance system, meaning most injury claims start with a Personal Injury Protection (PIP) claim rather than a lawsuit. Under Florida law, drivers are required to have at least $10,000 in PIP benefits.
What many people might not know is that pedestrians can also be included under this system. After being involved in a pedestrian accident, you may be able to recover compensation through a PIP claim if:
- You have your own auto policy with PIP coverage
- You live with a relative who carries PIP coverage
- The at-fault driver has PIP coverage, and no other PIP applies to you
The no-fault system aims to ensure prompt access to medical benefits, regardless of who was at fault in the accident.
What PIP Covers for Injured Pedestrians
PIP benefits in Florida cover:
- 80% of reasonable medical expenses
- 60% of lost wages
- Death benefits in case of a fatality
Nevertheless, in many cases, the PIP limit is only $10,000, and full benefits are usually available only if the injury is classified as an emergency medical condition. Additionally, serious pedestrian injuries can quickly exceed these limits.
When Can a Pedestrian Step Outside the No-Fault System?
In Florida, injured pedestrians can pursue a liability claim against the negligent motorist when their injuries meet the state’s “serious injury threshold,” as defined under Florida Statutes section 627.737. If your injury meets the serious injury threshold, you pursue compensation for pain and suffering and other damages not included under PIP.
Required Insurance for Florida Drivers
Florida drivers are required to maintain the following minimum coverage:
- $10,000 in Personal Injury Protection (PIP)
- $10,000 in Property Damage Liability (PDL)
It’s crucial to note that, in most cases, Florida does not require drivers to have Bodily Injury Liability (BIL) coverage. This can pose difficulties for injured pedestrians, as the at-fault driver may have limited or no liability coverage.
What Happens if the At-Fault Driver Is Uninsured or Underinsured?
Unfortunately, uninsured and underinsured drivers pose a significant problem in pedestrian accidents. If you’re involved in a pedestrian accident and the driver responsible for the accident does not have sufficient coverage, you may have a few options, including:
- Your own uninsured/underinsured motorist (UM/UIM) coverage
- A relative’s UM/UIM policy
- Other claims against other at-fault parties
Steps To Take After a Pedestrian Accident
Here are the steps to take after a pedestrian accident to protect your health and legal rights:
- Seek medical care right away
- Report the accident to the police
- Gather driver and witness information if possible
- Document injuries and the accident scene
- Notify your insurance company promptly
Additionally, consider hiring an experienced Florida pedestrian accident attorney who can evaluate insurance coverage, calculate the full value of your damages, and help you pursue compensation beyond basic PIP benefits, if applicable.
Contact Us for Legal Help
If you’ve been injured in a Florida pedestrian accident, contact our skilled Orlando pedestrian accident lawyers at Orlando Accident Attorneys to schedule a consultation and learn how we can help you pursue your deserved compensation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html