Understanding Automobile Insurance Coverage After a Florida Accident

Automobile insurance can become confusing immediately after a crash.

Several different coverages may apply to medical expenses, lost wages, vehicle damage, injuries caused to another person, or losses caused by an uninsured or underinsured driver. Each coverage serves a different purpose, and the existence of an insurance policy does not necessarily mean every loss will be paid.

In this installment of the Curry Law Group Personal Injury Series, attorney Dan King discusses personal injury protection, bodily-injury liability, property-damage liability, uninsured-motorist coverage, and communications with insurance companies.

Because the video was originally published on March 20, 2019, this accompanying article provides updated context. Insurance laws, policy language, benefit requirements, coverage limits, and claim procedures may change. The actual policy and current Florida law control.

Watch: Understanding Insurance Coverage — Curry Law Group Personal Injury Series

What Should You Do After a Car Accident?

After addressing immediate safety and medical needs, report the crash as required and notify the appropriate insurance company.

Depending on the circumstances, this may include:

• Your automobile insurer
• The insurer for the vehicle you were occupying
• An employer's insurer
• A rideshare or commercial insurer
• The other driver's insurer
• A health insurer
• Another available carrier

Reporting the existence of a crash is different from providing a detailed recorded statement, signing a broad medical authorization, accepting fault, or agreeing to a settlement.

When speaking with an insurer:

• Provide accurate identifying information.
• Do not speculate about speed, distance, injuries, or fault.
• Do not exaggerate or minimize symptoms.
• Do not guess when you do not know an answer.
• Ask whether the call is being recorded.
• Request the claim number and adjuster's contact information.
• Keep copies of correspondence.
• Review documents before signing them.

Your own policy may require timely notice and cooperation. That does not mean every request is unlimited or that every insurer involved represents your interests.

Does the Insurance Adjuster Represent You?

An insurance adjuster works for the insurance company handling the claim.

An adjuster may investigate:

• How the crash occurred
• Who may be responsible
• Whether coverage applies
• Whether treatment is related
• Whether a policy exclusion applies
• The extent of the claimed losses
• Whether additional records are required
• Whether the claim can be settled

Even when the adjuster works for your insurer, the insurer's obligations are governed by the policy and applicable law. The adjuster is not your personal attorney and does not provide independent legal advice.

Be cooperative with valid policy obligations, but understand the purpose and scope of each request.

What Is Personal Injury Protection?

Personal injury protection is commonly called PIP.

Florida generally requires owners of registered motor vehicles with at least four wheels to maintain PIP coverage. PIP is often described as no-fault coverage because qualifying benefits may apply without first establishing that another driver caused the crash.

Depending on the policy, the person involved, and statutory eligibility, PIP may cover:

• The named insured
• Certain resident relatives
• Certain passengers
• A person operating the insured vehicle
• Certain pedestrians struck by the vehicle

Coverage depends on the facts, policy terms, exclusions, household status, available insurance, and the statutory priority of coverage.

How Much PIP Coverage Is Required?

Florida's current statutory structure generally requires up to $10,000 in combined medical and disability benefits and $5,000 in death benefits, subject to statutory limitations and eligibility requirements.

The phrase "$10,000 of PIP" should not be interpreted to mean that every injured person automatically receives $10,000.

Available benefits may be affected by:

• Whether treatment was obtained within the required period
• The type of medical provider
• Whether an emergency medical condition is established
• The nature of the expense
• Policy exclusions
• A deductible
• Benefits already paid
• Other applicable insurance
• Whether the claimant is covered under the policy

The actual PIP claim should be reviewed using the policy, medical records, bills, payment logs, and current statute.

What Does PIP Pay?

Subject to applicable restrictions, PIP generally pays a percentage of covered losses rather than every expense in full.

Potential benefits may include:

Medical Benefits

PIP generally pays 80% of reasonable and necessary covered medical expenses, subject to statutory and policy limitations.

This may leave:

• A percentage of covered bills unpaid
• Charges exceeding policy benefits
• Deductible amounts
• Noncovered services
• Charges disputed by the insurer
• Balances affected by billing or reimbursement rules

Disability Benefits

PIP may pay a portion of qualifying lost income and certain replacement-service expenses when an injury prevents the person from working or performing necessary tasks.

Documentation may include:

• Medical work restrictions
• Employer verification
• Pay statements
• Tax records
• Disability forms
• Proof of replacement-service expenses

Death Benefits

PIP may provide a separate statutory death benefit when a covered person dies from injuries arising from a qualifying motor-vehicle event.

The applicable policy and current statute should be reviewed before assuming a particular benefit is available.

Is There a PIP Treatment Deadline?

Florida PIP law contains a treatment deadline tied to the motor-vehicle accident.

A person should seek medical attention based on actual health needs, not merely to satisfy an insurance requirement. However, waiting to obtain evaluation may affect both health and PIP eligibility.

Do not assume:

• Symptoms must appear immediately
• Every delayed claim is automatically barred
• One appointment guarantees full benefits
• Every provider qualifies for payment
• PIP will cover all future care

The date of the crash, first treatment date, medical findings, provider type, policy, and statutory requirements may all matter.

What Is an Emergency Medical Condition?

Florida PIP law distinguishes between claims involving an emergency medical condition and those that do not.

An emergency medical condition generally involves acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably be expected to create serious health consequences.

Whether that standard is met is a medical determination governed by the statute. It should not be assumed from the seriousness of the collision alone.

The absence of a qualifying determination may limit the available PIP medical and disability benefits.

What Is a PIP Deductible?

A PIP policy may include a deductible if one was selected.

The deductible is an amount applied before covered benefits become payable under the policy. Florida law authorizes specified deductible options.

A deductible may significantly affect how much PIP pays after a crash.

Review the declarations page for:

• The selected deductible
• Who the deductible applies to
• The PIP limit
• Covered drivers and relatives
• Exclusions
• Other relevant endorsements

Do not rely solely on the insurance card. The declarations page and complete policy provide more information.

What Is Bodily-Injury Liability Coverage?

Bodily-injury liability coverage generally protects an insured when that insured becomes legally responsible for injuring another person.

It may apply to claims involving:

• Medical losses
• Lost income
• Pain and suffering when legally recoverable
• Disability
• Future damages
• Wrongful death
• Legal defense costs, subject to the policy

Bodily-injury liability is different from PIP.

PIP may provide certain benefits to covered people regardless of fault. Bodily-injury liability responds to covered claims asserting that the insured caused another person's injuries.

Is Bodily-Injury Liability Insurance Required in Florida?

Florida's ordinary vehicle-registration requirements generally focus on PIP and property-damage liability coverage.

That does not mean bodily-injury liability is never required.

Separate financial-responsibility obligations may arise after certain crashes, convictions, violations, or licensing circumstances. Commercial vehicles and specialized operators may also face different requirements.

Drivers should not interpret the minimum registration requirements as a recommendation that bodily-injury coverage is unnecessary. A person responsible for a serious crash may face damages far exceeding minimum insurance limits.

What Is Property-Damage Liability Coverage?

Property-damage liability coverage generally pays for covered property damage caused by an insured driver.

It may involve damage to:

• Another vehicle
• A building
• A fence
• A sign
• Landscaping
• Personal property
• Other structures or objects

Florida generally requires at least $10,000 in property-damage liability coverage for most registered four-wheel vehicles.

This coverage ordinarily pays for damage caused to someone else's property. It does not generally pay to repair the insured's own vehicle.

What Pays for Damage to Your Own Vehicle?

Damage to your own vehicle may be addressed through:

• Collision coverage
• Comprehensive coverage
• The at-fault driver's property-damage liability coverage
• Uninsured-motorist property coverage where available and applicable
• Another responsible party's policy
• A rental or commercial policy
• Another contractual source

Collision Coverage

Collision coverage generally applies to damage caused by a collision, subject to the policy and deductible.

Comprehensive Coverage

Comprehensive coverage generally addresses certain noncollision events, such as theft, weather, falling objects, vandalism, or animal contact, depending on the policy.

Neither collision nor comprehensive coverage should be assumed to exist. Review the declarations page.

What Is Uninsured-Motorist Coverage?

Uninsured-motorist coverage, commonly called UM, may protect covered people when they suffer damages caused by a driver who does not have applicable bodily-injury liability coverage.

It may also apply in certain hit-and-run or other legally qualifying circumstances.

UM coverage is designed to provide protection for the insured and other covered persons rather than protect the at-fault driver.

Potentially covered damages may include:

• Medical expenses not otherwise paid
• Lost income
• Future medical needs
• Disability
• Pain and suffering when legally recoverable
• Wrongful-death damages

Coverage depends on the policy, the claimant's status, liability, damages, exclusions, and current Florida law.

What Is Underinsured-Motorist Coverage?

Underinsured-motorist coverage may apply when an at-fault driver has bodily-injury liability insurance but the available limits are insufficient to compensate the covered person's legally recoverable damages.

For example, a serious injury may exceed the at-fault driver's policy limit.

Underinsured-motorist coverage does not automatically pay the difference between a demand and the other driver's policy. The claimant must still establish:

• Legal responsibility
• Covered status
• Damages
• Compliance with policy requirements
• The amount available under the applicable coverage

Florida generally addresses uninsured and underinsured protection together under the UM statute.

Is Uninsured-Motorist Coverage Required?

When a Florida motor-vehicle liability policy provides bodily-injury liability coverage, UM coverage generally must be offered.

The named insured may be permitted to:

• Accept UM coverage
• Reject it in writing
• Select lower limits
• Select a nonstacked form when permitted

Therefore, UM coverage should not be described simply as universally required or universally optional without reviewing how the policy was issued.

A signed rejection or selection form may become important when coverage is disputed.

What Is Stacked Uninsured-Motorist Coverage?

Stacked UM coverage may permit coverage limits associated with multiple insured vehicles to be combined in certain circumstances.

Nonstacked coverage generally restricts that ability and may contain other limitations.

Whether coverage stacks depends on:

• The policy
• The number of vehicles
• The coverage selection
• The signed application or rejection
• The insured's status
• The accident circumstances
• Florida law

Do not assume that owning several vehicles automatically multiplies the available coverage.

What Is Medical-Payments Coverage?

Medical-payments coverage, often called MedPay, may provide additional payment for qualifying accident-related medical expenses.

Depending on the policy, it may help with:

• PIP copayments
• Deductibles
• Medical expenses after PIP is exhausted
• Other covered medical charges

MedPay is contractual coverage. Its limit, covered persons, exclusions, reimbursement rights, and coordination with other insurance depend on the policy.

What Is Rental-Reimbursement Coverage?

Rental-reimbursement coverage may help pay for temporary transportation while a covered vehicle is being repaired after a qualifying loss.

Review:

• Daily limits
• Total maximum benefits
• Waiting periods
• Covered causes of loss
• Approved rental categories
• Whether repairs must be authorized
• When coverage ends

A person may also seek rental or loss-of-use damages from an at-fault party, but payment is not automatic and disputes may arise.

What Is Gap Insurance?

Gap coverage may help address the difference between:

• The amount owed on a vehicle loan or lease, and
• The insurer's covered total-loss valuation

Gap coverage does not necessarily pay every remaining loan balance.

It may exclude:

• Missed payments
• Late fees
• Negative equity from a prior vehicle
• Service contracts
• Certain add-on products
• Policy deductibles
• Other amounts specified by the contract

Gap coverage may be sold through an insurer, lender, dealer, or separate provider. Review the actual contract.

What Happens If the At-Fault Driver Has No Insurance?

Potential sources of recovery may include:

• Your uninsured-motorist coverage
• Coverage for a resident relative
• Coverage associated with another vehicle
• An employer or commercial policy
• A rideshare policy
• Another responsible party
• The at-fault driver's personal assets
• Another contractual or statutory source

The ability to sue an uninsured driver does not guarantee a practical recovery.

A judgment may be difficult to collect when the person lacks reachable income or assets. Asset exemptions, bankruptcy, liens, prior claims, and collection costs may also matter.

A complete coverage investigation should occur before concluding that no recovery source exists.

What If the Driver Has Insurance but Not Enough?

When the at-fault driver has limited liability coverage, consider:

• The liability limit
• Whether multiple injured people are making claims
• Whether multiple vehicles were damaged
• Whether an employer is responsible
• Whether a vehicle owner is separately responsible
• Whether a commercial or rideshare policy applies
• Whether UM coverage is available
• Whether an umbrella policy exists
• Whether another negligent party contributed
• Whether the at-fault party has collectible assets

Do not accept a policy-limits settlement without reviewing the release, available coverage, medical balances, liens, and potential additional claims.

What Is a Policy Limit?

A policy limit is the maximum amount the insurer agrees to pay for a covered claim or category of claims, subject to the policy.

Common limit structures include:

• Per-person bodily-injury limits
• Per-accident bodily-injury limits
• Property-damage limits
• Combined single limits
• PIP benefit limits
• UM limits
• Medical-payments limits

The existence of a policy limit does not automatically establish:

• The value of the claim
• That the full limit will be offered
• That coverage is undisputed
• That no exclusions apply
• That no other claimants exist
• That the insured has no personal exposure

What Is a Declarations Page?

The declarations page summarizes key policy information.

It may identify:

• Named insureds
• Covered vehicles
• Policy dates
• Coverage types
• Limits
• Deductibles
• Listed drivers
• Premiums
• Endorsements
• Lienholders
• UM selections

The declarations page is important, but it is not the complete insurance contract. Definitions, exclusions, conditions, endorsements, and selection forms may materially affect coverage.

How Can You Obtain Insurance Information?

Potential sources include:

• Your policy documents
• Your insurance agent
• The insurer's online portal
• The declarations page
• Insurance identification cards
• The crash report
• Correspondence from the opposing carrier
• Formal insurance disclosure requests
• Litigation discovery
• Subpoenas where legally appropriate

Do not assume the first identified policy is the only policy.

Commercial, household, employer, rental, rideshare, umbrella, and excess coverage may require separate investigation.

Should You Give Your Insurer a Recorded Statement?

Your policy may require cooperation, including providing information about the crash.

Before giving a recorded statement:

• Confirm the insurer and claim number.
• Ask which coverage is being investigated.
• Review the crash facts.
• Avoid guessing.
• Identify any medical condition affecting memory or communication.
• Ask whether documents will be discussed.
• Understand whether the statement may affect several coverages.
• Consider legal advice.

Do not deliberately provide false or incomplete information. At the same time, do not assume that every question must be answered immediately without preparation or clarification.

Should You Speak With the Other Driver's Insurer?

The other driver's insurer may ask for:

• A recorded statement
• Medical authorization
• Prior medical information
• Photographs
• Employment records
• A settlement discussion
• Access to damaged property

That insurer ordinarily does not have the same contractual relationship with you as your own insurer.

Before providing detailed information, consider whether:

• The crash investigation is complete
• You understand your injuries
• The request is narrowly tailored
• You have reviewed the authorization
• Your statement could be misunderstood
• A legal consultation is appropriate

Can an Insurance Company Deny Coverage?

An insurer may dispute coverage based on alleged:

• Policy cancellation
• Excluded driver
• Unlisted vehicle
• Misrepresentation
• Failure to provide notice
• Lack of cooperation
• Business or commercial use
• Household exclusions
• Policy lapse
• Noncovered person
• Intentional conduct
• Other policy language

A denial is not necessarily the final legal answer.

Request the denial and supporting policy provisions in writing. Review the entire policy, endorsements, applications, payment history, and relevant facts.

What Is a Reservation-of-Rights Letter?

A reservation-of-rights letter generally states that the insurer is investigating or defending a claim while preserving the ability to deny some or all coverage later.

The letter may identify:

• Potential exclusions
• Disputed facts
• Policy conditions
• Coverage questions
• Duties expected from the insured
• The insurer's current position

Do not ignore the letter. Coverage disputes can affect defense, settlement, personal exposure, and litigation strategy.

Why Might Medical Bills Remain Unpaid?

Medical balances may remain after an accident because:

• PIP pays only part of a covered expense
• A deductible applies
• Benefits are exhausted
• A service is disputed or excluded
• The provider did not submit required information
• Health insurance applies
• Coverage priority is disputed
• The bill exceeds a reimbursement limit
• The insurer denied causation
• No applicable coverage exists

Potential payment sources may include:

• PIP
• MedPay
• Health insurance
• Workers' compensation
• The patient
• A provider agreement
• A settlement or judgment
• Another insurance policy

Medical liens, reimbursement rights, and outstanding balances should be reviewed before settlement funds are distributed.

What Out-of-Pocket Costs Might an Injured Person Face?

Possible expenses include:

• PIP deductibles
• Medical copayments
• Uncovered treatment
• Prescription costs
• Transportation
• Rental vehicles
• Towing
• Storage
• Vehicle deductibles
• Lost income
• Household assistance
• Medical equipment
• Property replacement
• Insurance premiums
• Other accident-related costs

Keep receipts and proof of payment.

Do not assume every expense is recoverable. The expense must be connected to the incident, reasonable, documented, legally recoverable, and within available coverage or a valid claim.

How Are Personal Injury Attorneys Paid?

Many personal injury matters use a written contingency-fee agreement.

Under this structure, the attorney's fee is generally calculated as an agreed percentage of a recovery. Case costs may be treated separately.

The agreement should explain:

• The fee percentage
• Whether the percentage changes during litigation
• How costs are advanced
• Responsibility for costs
• Medical-liability resolution
• Client settlement authority
• How funds will be distributed
• What occurs if representation ends
• What occurs if there is no recovery

Do not rely on general statements from a video for current fee terms. Review the actual written agreement.

Should You Buy Only Florida's Minimum Insurance?

Legal minimums and adequate financial protection are not necessarily the same.

When selecting coverage, consider discussing with a licensed insurance professional:

• Bodily-injury liability limits
• Uninsured-motorist coverage
• Stacked versus nonstacked UM
• Collision coverage
• Comprehensive coverage
• Medical-payments coverage
• Rental reimbursement
• Gap coverage
• Umbrella coverage
• Deductibles
• Household drivers
• Commercial or rideshare use

The appropriate coverage depends on the driver's vehicles, finances, household, risk tolerance, employment, and insurance availability.

This article does not recommend a specific policy or coverage amount.

Common Insurance Mistakes After a Crash

Avoid:

• Assuming all coverage works the same way.
• Believing PIP automatically pays every bill.
• Assuming the $10,000 PIP limit is guaranteed to every claimant.
• Giving speculative recorded statements.
• Ignoring notice and cooperation duties.
• Signing broad medical authorizations without review.
• Accepting a settlement without identifying all policies.
• Assuming the other driver has bodily-injury coverage.
• Assuming no recovery exists when one policy is absent.
• Overlooking household, commercial, rideshare, or employer coverage.
• Ignoring UM selection or rejection forms.
• Assuming multiple vehicles automatically create stacked coverage.
• Treating a declarations page as the complete policy.
• Missing treatment, notice, or filing deadlines.
• Letting damaged property be destroyed before inspection.
• Posting about the crash or injuries online.
• Signing a release without understanding its scope.
• Assuming a policy limit equals the value of the claim.
• Ignoring medical balances or reimbursement claims.
• Relying on a 2019 video as a current insurance-policy explanation.

Florida Auto Insurance Review Checklist

After a crash, identify and preserve:

• Insurance company names
• Policy numbers
• Claim numbers
• Adjuster contact information
• Declarations pages
• Complete policies
• Coverage-selection forms
• UM rejection or limit-selection forms
• Deductibles
• PIP payment logs
• Medical-payment coverage
• Collision and comprehensive coverage
• Rental coverage
• Gap coverage
• Health-insurance information
• Employer or commercial coverage
• Rideshare coverage
• Household vehicle policies
• Umbrella or excess policies
• Written coverage decisions
• Reservation-of-rights letters
• Settlement and release documents

Frequently Asked Questions

What insurance is generally required to register a car in Florida?

For most registered four-wheel vehicles, Florida generally requires at least $10,000 in PIP and $10,000 in property-damage liability coverage.

Does PIP pay all of my medical bills?

No. PIP generally pays a percentage of qualifying covered expenses, subject to benefit limits, eligibility requirements, deductibles, exclusions, and other restrictions.

Does PIP pay $10,000 in every accident?

No. The statutory limit is not an automatic payment. Available benefits depend on the medical findings, timing, policy, expenses, prior payments, and other requirements.

What is the difference between PIP and bodily-injury liability coverage?

PIP may provide certain benefits to covered people without first proving fault. Bodily-injury liability generally protects an insured against covered claims that the insured caused injury to someone else.

What is property-damage liability coverage?

It generally pays for covered damage an insured causes to another person's property.

What coverage repairs my own vehicle?

Collision or comprehensive coverage may apply depending on how the damage occurred. The at-fault party's property-damage coverage may also apply.

Is bodily-injury liability insurance required for every Florida driver?

It is not part of the ordinary PIP-and-property-damage registration minimum for every private vehicle, but separate financial-responsibility requirements may apply in particular circumstances.

Is uninsured-motorist coverage required?

When a policy provides bodily-injury liability coverage, Florida generally requires UM coverage to be offered. The named insured may reject it or select permitted alternatives.

What if the driver who hit me has no insurance?

Potential claims may involve UM coverage, household policies, commercial coverage, another responsible party, or the driver's personal assets. A coverage investigation is necessary.

Can I sue an uninsured driver personally?

Potentially, but obtaining a judgment does not guarantee that money or assets can be collected.

Should I give my insurer a recorded statement?

Your policy may impose cooperation duties. Prepare carefully, answer accurately, avoid guessing, and obtain advice when appropriate.

Should I speak with the other driver's insurance company?

You may be contacted, but that insurer does not represent you. Consider the purpose and scope of the request before providing detailed statements or authorizations.

What is a policy limit?

It is the maximum amount the insurer agrees to pay for a covered claim or category of claims, subject to the contract.

Does the policy limit determine what my claim is worth?

No. Claim value depends on liability, medical evidence, damages, comparative fault, credibility, available coverage, and other facts.

Why do I still have medical bills if I have PIP?

PIP may pay only a portion of covered expenses, and deductibles, limits, disputed services, exhausted benefits, or noncovered charges may leave balances.

Should I purchase uninsured-motorist coverage?

Coverage selection is a personal insurance decision. Consider discussing UM and other optional protection with a licensed insurance professional.

Speak With a Brandon Personal Injury Attorney

Insurance coverage can substantially affect how medical expenses, lost income, vehicle damage, and injury claims are handled after a Florida crash.

The existence of an insurance card does not reveal every available policy, exclusion, deductible, coverage limit, or signed coverage selection.

Curry Law Group assists clients with automobile accidents, insurance claims, uninsured-motorist matters, and related personal injury cases in Brandon, Tampa, Riverview, Valrico, Plant City, and surrounding Hillsborough County communities.

To discuss your circumstances, call Curry Law Group at 813-653-2500.

Legal Disclaimer

This article and accompanying video provide general educational information and do not constitute legal, insurance, medical, financial, or tax advice. The video was originally published on March 20, 2019, and insurance statutes, policy forms, coverage requirements, benefits, procedures, and firm practices may have changed. Coverage depends on the policy, endorsements, applications, selection forms, claim facts, and applicable law. Viewing this content or contacting Curry Law Group does not create an attorney-client relationship. Consult qualified legal, medical, and insurance professionals regarding your circumstances.