If you were hit by a car while walking, running, or riding your bicycle in Florida, it will be important for you to have a clear understanding of the insurance coverage that is available to you. While you can use your health insurance to cover your medical expenses (if and to the extent that you have coverage), these expenses are likely to represent only a fraction of your total accident-related losses. In order to fully recover your losses, you will need to seek compensation from another source (or multiple other sources) as well; and, in order to do so, you will want to work with an experienced Fort Lauderdale personal injury attorney.
Auto Insurance Covers Pedestrian and Bicycle Accidents in Florida
In Florida, auto insurance does cover pedestrian and bicycle accidents. This applies to both the no-fault coverage that is mandatory under Florida law and the various types of optional fault-based coverage that are available. As a result, following a pedestrian or bicycle accident, you may be able to file one or more claims under:
- Your Personal Injury Protection (PIP) Policy – If you have auto insurance, then you have PIP coverage (because PIP coverage is required by law in Florida). Following a pedestrian or bicycle accident, you can use your PIP coverage to help cover your medical expenses and lost wages.
- The Driver’s PIP Policy – If you do not have auto insurance, then you should be covered under the driver’s PIP policy. Florida’s auto insurance law requires all drivers to carry at least $10,000 in PIP coverage.
- A Family Member’s PIP Policy – Another option if you do not have PIP coverage is to file a claim under a family member’s policy. If a member of your household has auto insurance, his or her coverage may extend to your pedestrian or bicycle accident.
- The Driver’s Bodily Injury Liability (BIL) Policy – If the driver who hit you has BIL insurance, then you can file a fault-based claim if you can prove that the driver was at fault in the accident. While BIL coverage is optional in Florida, the coverage limits are usually much higher than the $10,000 PIP minimum.
- Your (or a Family Member’s) Uninsured/Underinsured Motorist (UIM) Policy – UIM insurance provides coverage in circumstances in which an at-fault driver’s insurance coverage is either inadequate or non-existent. If you or a member of your household has UIM coverage, then you should be able to file a claim based upon your pedestrian or bicycle accident.
You May Have One or More “Third Party” Claims as Well
Regardless of the auto insurance coverage that is available to you, you could potentially have one or more “third party” claims as well. These are claims against parties that are not directly involved in an accident, but that are nonetheless liable for the losses that victims incur. For example, if the driver was working at the time of the crash, then his or her employer could be liable for medical bills, lost wages, and other losses. Learn more about filing a third-party claim after an accident in Florida.
Discuss Your Legal Rights with a Fort Lauderdale Personal Injury Attorney
Are you entitled to just compensation for the financial and non-financial costs of your pedestrian or bicycle accident? To find out, schedule a free, no-obligation consultation with Fort Lauderdale personal injury attorney Joseph Maus. Call 855-999-5297 or request an appointment online now.