by Flcurious » Tue Jun 09, 2009 10:56 pm
My stepmom was a passenger in the rear ending vehicle and sustained a soft tissue injury to her neck and back. She doesn't have PIP because her auto policy was cancelled for "excessive payment" lol.
Is she eligible for PIP from the driver's policy? and if so, Is she barred from a BI claim?
Thank you all for any useful information.
Oh I handled BI claims in VA, MD, DE, DC, PA and WV, so if anyone has a specific question I'll be happy to assist.
Is she eligible for PIP from the driver's policy? and if so, Is she barred from a BI claim?
Thank you all for any useful information.
Oh I handled BI claims in VA, MD, DE, DC, PA and WV, so if anyone has a specific question I'll be happy to assist.
Posted: Wed Jun 10, 2009 03:55 am Post Subject:
She doesn't have PIP because her auto policy was cancelled for "excessive payment" lol.
Well Flcurious , I'd be interested in knowing about this 'excessive payment' thing? Did she have many more PIP claims in the past?
And Yeah, welcome to ampminsure :)
~Jeremy
Posted: Wed Jun 10, 2009 04:15 am Post Subject:
I was just being sarcastic, policy was cancelled due to non payment. :P
Posted: Wed Jun 10, 2009 04:19 am Post Subject:
Oh, and no, she has never had any claims.
Posted: Wed Jun 10, 2009 05:57 am Post Subject:
I was just being sarcastic, policy was cancelled due to non payment.
:lol:
But anyway, does the other driver have bodily injury liability coverage because Florida doesn't require the driver to carry BI, ya' know?
However, she should receive compensation from the PIP coverage of the driver she was riding with.
Flcurious , Florida being a no-fault state it's important that you carry PIP on your policy. Can't you convince your mother to restore her PIP coverage?
~Jeremy
Posted: Wed Jun 10, 2009 06:18 am Post Subject:
I had been reading about it in other threads, that sucks!!!Yes, she should be in the process of getting her policy reinstated, however, it wouldn't apply for this particular loss.
I guess we'll soon find out if the driver had BO coverage or not.
Posted: Wed Jun 10, 2009 07:10 am Post Subject:
however, it wouldn't apply for this particular loss.
Wait a minute!! I've found the following piece of information while searching.
Are there any exceptions?
Yes. If your passengers or relatives living with you have a motor vehicle of their own licensed in Florida or own a motor vehicle required to be licensed in Florida, they are not covered by your PIP insurance coverage. They must purchase their own PIP insurance. Further, if you are outside the state of Florida and not in your own vehicle, the coverage does not apply.
Now, if this holds then she might not receive compensation for her injuries even in this case.
Hope some adjuster with the knowledge of Florida laws would be around soon with more information.
Posted: Wed Jun 10, 2009 12:27 pm Post Subject:
My stepmom was a passenger in the rear ending vehicle and sustained a soft tissue injury to her neck and back. She doesn't have PIP because her auto policy was cancelled
I'm not clear why you bring up your mothers policy if she was a passenger. Was she a passenger in her own vehicle?I just realized that 2 years outside FL has caused me to forget a lot about FL PIP.
If a passenger in someone else's vehicle I'm 99% sure that she'd get PIP from her own policy first. We know that is not going to happen. But if she was a passenger in someone else's vehicle, this is fine... as she's not required to own a vehicle let alone have PIP. If she does not have her own PIP it goes to anyone else living in her household that is related to her and has PIP. If no PIP there then it goes back to the vehicle is was in at the time of the accident.
I'm 99% sure of this.
I'm guessing that she was not a passenger in her own vehicle as you state that her vehicle rear ended another vehicle. This would most likely make the driver of the vehicle she was in liable in the accident so your mother would be seeking BI from the owner of the vehicle she was in. She can't seek BI from her own policy. If this is the case and she does not have her own PIP or live with a relative that had PIP, then she should get PIP and BI from the policy of the owner of the vehicle she was in.
Posted: Wed Jun 10, 2009 04:26 pm Post Subject:
I brought it up because I wasn't sure as to which policy is primary. Let me get this straight, If she had a valid policy with PIP coverage, that would be primary, if not a relative's if not the one where she was riding as a passenger. I am still hoping this lady carries BI coverage.
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