One of the more confusing issues in a car accident is whose insurance pays the medical bills. Section 627.736 of the Florida Statutes discusses this issue and specifically section 627.736(4)(d) addresses it, a copy of that section is put below at the bottom of this blog entry. This is a common question asked to the personal injury lawyer in Boca Raton (accident lawyer in Deerfield Beach, injury attorney in Parkland, injury lawyer in Tamarac, accident attorney in Plantation, accident lawyer in Miramar, personal injury attorney in Coconut Creek).
In general, if you own a car, your own insurance pays for your medical bills when you are involved in a car accident. This includes situations when you are in your own car that is in an accident, if you are in someone else’s car that is involved in an accident or even if you are hit by a car as a pedestrian or on a bicycle. If you do not own a car, then you would get PIP benefits (which would pay 80 percent of allowable medical bills and 60 percent of proven lost wages) through a resident relative. So if you live with your mother that owns a car and you are in an accident in your mother’s car, you would get the PIP through your mother’s automobile accident insurance. Similarly, if you were in a friend’s car (but did not own a car and you lived with your mother), then you would get the PIP coverage through your mother’s car. Similarly, if you were hit by a car as a pedestrian or hit on a bicycle by a car (and you did not own a car but lived with your mother), you again would qualify for PIP benefits with your mother’s car insurance. If you do not own a car and you do not live with any relatives that own a car, then you would get PIP benefits from the car that you were in or the car that hit you while you were on a bicycle or as a pedestrian.
These cases are very fact specific and I am assuming here that these cars are registered in Florida. It is important to have these situations analyzed by someone that is familiar with insurance policies. At Drucker law offices, the attorney helps clients that are involved in car accidents. If you have any questions about a car accident, please call the principal office in Boca Raton at 561-483-9199 or at the Boynton Beach satellite office 561-265-1976 or at the West Palm Beach satellite office 561-686-7070 or at the Coral Springs satellite office 954-755-2120 or at the Miami Satellite office 305-981-1561 for a free consultation.
(4)(d) The insurer of the owner of a motor vehicle shall pay personal injury protection benefits for:
1. Accidental bodily injury sustained in this state by the owner while occupying a motor vehicle, or while not an occupant of a self-propelled vehicle if the injury is caused by physical contact with a motor vehicle.
2. Accidental bodily injury sustained outside this state, but within the United States of America or its territories or possessions or Canada, by the owner while occupying the owner’s motor vehicle.
3. Accidental bodily injury sustained by a relative of the owner residing in the same household, under the circumstances described in subparagraph 1. or subparagraph 2., provided the relative at the time of the accident is domiciled in the owner’s household and is not himself or herself the owner of a motor vehicle with respect to which security is required under ss. 627.730-627.7405.
4. Accidental bodily injury sustained in this state by any other person while occupying the owner’s motor vehicle or, if a resident of this state, while not an occupant of a self-propelled vehicle, if the injury is caused by physical contact with such motor vehicle, provided the injured person is not himself or herself:
a. The owner of a motor vehicle with respect to which security is required under ss. 627.730-627.7405; or
b. Entitled to personal injury benefits from the insurer of the owner or owners of such a motor vehicle.