If an at-fault driver has no PIP coverage, who is respnsible to cover the medical costs related to a personal injury?

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If an at-fault driver has no PIP coverage, who is respnsible to cover the medical costs related to a personal injury?

My husband was injured in a car accident and has been seeing a therapist. He had an MRI and is taking medication, plus surgery in the future is possible.

Asked on June 21, 2012 under Personal Injury, Florida

Answers:

Micah Longo / The Longo Firm

Answered 9 years ago | Contributor

If your husband was the at-fault driver who was injured without PIP benefits, then he alone would be responsible for his own medical bills.  

Now, if you husband was a passenger in the car and he doesn't own a car himself and is not insured through someone he lives with, then he may be entitled to PIP benefit through the vehicle owner he was riding in.

 

Robert Slim / Robert C. Slim - Attorney at Law

Answered 9 years ago | Contributor

PIP only covers the named insured or any passengers in the insured's vehicle.  Likewise, if your husband was a passenger in the at-fault vehicle, then he would be entitled to collect PIP benefits if the policy had such coverage.  However, the PIP payments would also operate as a credit to any remaining liability claim against the at-fault driver.  

If your husband was in a two-car accident and the other vehcile was at-fault, then the other vehicle's PIP would not provide coverage to your husband since he was not a passenger in the vehicle.  

In either situation, however, your husband's own PIP on his policy would also provide benefits if he had PIP coverage.


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