Why do I Have to Use My Insurance if the Other Person is at Fault?

Hi, Glenn Goldman from Goldman & Daszkal, Personal Injury Attorneys. One of the questions that I’ve been asked the most in my 31 years of practice is, “Why do I have to use my own insurance if somebody else is at fault and causes an accident that injures me?” The answer to that is that Florida is one of 12 states in the United States that require mandatory Personal Injury Protection, P.I.P coverage. That is the part of the Florida insurance law that is the no-fault part of the insurance law. So, personal injury protection pays 80% of your medical bills and 60% of your wage loss if you’re injured in an accident regardless of fault. It doesn’t matter whether you’re the person who caused the accident, whether you’re the person who was hit by a car as a pedestrian, on a bicycle, you were rear-ended, you always have to go through your own insurance regardless of fault. 

Just to give you a little bit of the history about the P.I.P coverage in Florida. Between 1920 and 1940, scholars were trying to figure out a way to compensate accident victims. Between 1940 and 1970, accident cases in Florida rose so tremendously, that the Florida Legislature in 1971 created P.I.P or Personal Injury Protection as indicated regardless of fault; you must submit your own medical bills and your wage loss through your own auto insurance company. 

Since 1971, that law has been reformed many, many times, and so currently a P.I.P will pay 80% of your medical bills and 60% of your wage loss up to $2,500 unless you have an emergency medical condition as indicated by a nurse practitioner or a medical doctor. And then it will pay up to $10,000 of your medical bills and your wage loss. 

The most important thing about Personal injury protection coverage is you must seek medical treatment within 14 days from the date of the accident, or you will not be entitled to any Personal Injury Protection coverage.

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