WHAT IS (B.I.) BODILY INJURY INSURANCE AND ARE YOU REQUIRED TO HAVE IT IN FLORIDA?
Automobile accidents are inevitable. According to the Florida Highway Safety and Motor Vehicles (FLHSMV), 401,851 crashes occurred in 2018 with 254,484 injuries resulting from these crashes1. This number keeps increasing yearly, and consequently, bodily injury insurance claim cases in Florida are on the rise.
If you drive in Florida, it is inevitable to avoid car accidents. No matter how careful you are, another distracted driver will crash into you. Because driving is always a risk, it is crucial to understand your rights when you’re involved in an auto accident in Florida. If you’re the injured party, it is vital to know how to make your personal injury claim. Let’s start with Bodily Injury Insurance.
So the nagging question is, “What is Bodily Injury Insurance and are you required to have it in Florida?”
What is Bodily Injury Insurance?
Bodily Injury Insurance is also known as Bodily Injury Liability Insurance. It is insurance coverage that may cover medical bills, pain & suffering, funeral costs and income losses for a person that’s injured/dead as a result of an accident caused by the fault of another driver.
If you cause an automobile accident that injures/kills another person, this type of car insurance coverage helps you pay for the losses you caused. This coverage also covers attorney fees and litigation costs in the case where the injured person takes you to court.
If you are the injured party in a car accident, than you will want to make a claim against the at fault parties insurance policy for Bodily Injury coverage. This claim will ultimately be paid by the at fault party’s insurance company for damages you sustained as result of the car accident.
How does Bodily Injury Liability Coverage Work?
Bodily Injury Liability Insurance pays for injuries caused by a driver against another motorist, passenger, pedestrian or cyclist. This type of insurance coverage covers damages up to the limit stated in the insurance policy. This is considered a “third party” insurance since it covers other drivers and passengers involved. The person injured would make a claim against the at fault parties insurance carrier so that Bodily Injury coverage “kicks-in”.
This insurance not only covers you but also covers your relatives who live with you and anyone who you permit to drive your car. This means the insurance will handle any injury caused by your relative or the person you authorized to drive your car.
The at fault parties insurance carrier will not automatically pay a bodily claim. The insurance carrier will assign an adjuster. The adjuster will than require you to provide documentation to prove your losses.
Does Florida Laws Require You to Have Bodily Injury Insurance?
No. Florida laws do not require you to have Bodily Injury coverage. This is truly insane to think that if you get injured in a car accident, the law does not require the at fault party to have Bodily Injury insurance to cover your losses. As of the date of this article, October 11, 2019, no Bodily Injury insurance coverage is required in Florida. However, the Florida legislature is trying to pass a mandatory Bodily Injury law. Let’s hope it happens.
In Florida, the law does require that you have two forms of automobile insurance coverage for you to drive. The first one is the Personal Injury Protection (PIP), also called the No-fault Insurance, which takes care of you when you’re involved in an accident, regardless of who’s at fault. The second is the Property Damage Liability (PDL) which takes care of properties you damage in an accident.
Unfortunately, because Florida laws require you to have only PIP and PDL before you can legally drive, many Florida residents wrongly assume that’s all they need. This leads to many drivers and injury victims suffering because PIP and PDL doesn’t offer them all the protections they need.
The only people required to carry bodily injury liability coverage are “Driving under the Influence (DUI)” offenders. DUI offenders are required to have bodily injury liability as part of their policy for up to three years after their license has been reinstated.
Why do you need Bodily Injury Insurance as a Driver?
Without bodily injury liability coverage, you’re very much at risk of being personally responsible for all damages caused to the injured parties. As an asset owner, this is not something you may want as it can lead to the seizure or loss of your asset and can make you go bankrupt. With bodily injury liability insurance, you’re protected from financial liability.
After the Car Accident, what Next?
We are personal injury attorneys handling car accident cases so contact us. Also, read the #5 Things you should do Immediately after a Car Accident2.
Don’t try to go through the process alone. Insurance companies are trained to try to resolve all claims with as little payment as possible. This can mean denying or delaying your claim in the hope that you’ll go away or settle out of court. Sometimes, they’ll neglect investigating the accident and pressure you to accept less than your claim is worth.
Experienced Bodily Injury Attorney in Florida
Black Rock Trial Lawyers, LLC will represent you from initially filing the bodily injury claim to a jury trial (if necessary). Insurance companies in Florida take us seriously, and it helps us achieve the maximum possible compensation for you.
The good thing is that it doesn’t cost you anything to hire us. We’re compensated only if we get compensation for you.
Contact us today for a free and confidential consultation.
