Can You Use Florida No Fault Insurance If You Are In A Car Accident Out Of State?

Mountain road

In today’s guest blog, we go over some oddities that happen with personal injury cases. Say a car accident happens to a Florida driver who was driving out of state. The first thing we need to remember is Florida is a no fault state. This means if someone is involved in a car accident, their own insurance will pay for up to $10,000 no matter who is at fault. The idea behind this is it would reduce the number of auto accident lawsuits. I can only imagine what laws will come in to play when cars will drive themselves. This is ideal for minor fender bender where nobody is terrible injured. Usually lawsuits come into play when there are catastrophic injuries. What happens when a Florida resident is driving out of state and is involved in a auto accident? This question was emailed to us not long ago.

Car Accident Victim Question:  I was in Wyoming last week visiting relatives and was driving my car (registered in Florida) when we (my wife and I) were rearended by a drunk driver at a red light.  The police came out and arrested the drunk driver and gave us his insurance information.  He’s got one of the larger companies and they’ve already contacted us about repairing our car (thankfully we were able to drive it home).  My neck is still incredibly stiff and my wife’s low back is giving her fits.  Do we use our own insurance or the drunk drivers to see a doctor? What should we do?

Car Accident Lawyer Answer:  As you were in your own vehicle, even out of state you are entitled to Florida’s no fault coverage from your own policy (medical expense benefits and lost wages up to $10,000 combined).  As the accident occurred in Wyoming, you will not be subject to Florida’s permanency threshhold and any car accident lawyer should be able to collect for you both for pain and suffering with relative ease.  That said, you must still seek medical treatment within fourteen days of the accident and I can help in that regard.  The drunk driver will be responsible for what expenses are not covered by the personal injury protection.

Edit: We thank attorney Charlie Franklin at The Orlando Personal Injury Lawyer Group for answering today’s question

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