Florida No fault benefits for out of state residents?

Author: Attorney Jay Kanter

I was visiting Florida from NYC and was rear-ended while stopped at a red light. I called State Farm, the insurer for the car who rear-ended me, and they stated that they are not responsible for my medical bills, even though the accident was their fault. How can that be the case?

Florida is a no-fault state, which in simple terms means that each person injured in an accident is responsible for their own medical bills up to $10,000, regardless of who causes the accident. The owner of the car you were driving is required to carry PIP (no fault) coverage. It is this coverage that will pay 80% of your medicals up to $10,000.00. If your bills exceed that amount, health insurance can be used to pay the excess. The at fault carrier, State Farm, would still be responsible for any and all property damage claims resulting from this crash. They would also be responsible to compensate you for out of pocket medical expenses not covered by the PIP coverage. If you have an injury that is ongoing or permanent, you can pursue a bodily injury claim and receive compensation for any pain, suffering or scarring suffered as a result of the accident. For a free consultation regarding injuries sustained in a Florida automobile accident, contact attorneys Dell & Schaefer.