Have a great day from Drucker Law Offices.
Yes, in Florida, if you do not own a car but you live with a relative that owns a car, then that relative’s car insurance is generally responsible to pay your medical bills following a car accident. Everyone that owns a car in Florida has to carry certain minimal insurance. NO fault insurance or PIP pays your medical bills and any medical bills of a resident relative that does not own a car. Thus, even though you were not in your uncle’s car, his insurance will generally be responsible for your medical bills following an accident because you live with him.
In Florida, your OWN insurance pays your medical bills for any car accident that you are in. YOUR insurance follows when you are in a car accident, whether your are in your car, in someone else’s car, on a bike, or even walking. And who is at fault does not matter either. This is part of our no fault system as it pertains to car accidents. So long as there is an accident, your personal car insurance pays the medical bills following a car accident that you are involved in. Generally, the no fault or PIP (personal injury protection) pays 80 percent of the medical bills up to $10,000.
The National Highway Traffic Safety Administration (NHTSA) recommends that child safety seats and boosters be replaced following a moderate or severe crash in order to ensure a continued high level of crash protection for child passengers. Whether to replace a child car seat or booster is something beyond the scope of this blog and I would defer that issue to your local fire department or expert on child car seats.
Legally, however, the person that causes an accident is responsible for any resulting property damage. In fact, Florida law requires all car owners to maintain property damage insurance that will pay for damage to your vehicle and any other property damage, like child car seats and boosters. Thus, you are allowed to make a claim against the other person’s insurance for replacing child car seats and boosters following an accident and based on the NHTSA, you should replace these items following an accident.
It seems counter intuitive but generally your OWN insurance pays your medical bills following an accident in Florida. This is part of our no fault laws in Florida which requires everyone that owns a car to have PIP insurance that pays 80 percent of your medical bills (and 60 percent of your wages) up to $10,000.00.