Introduction
You may be asking “Is Florida required to have bodily injury liability insurance?” We’ve created this article to answer your question.
Bodily injury liability insurance (BI) covers bodily injuries caused by negligence. This coverage does not cover the injuries to the victim of the wrongful act. If you are a bad driver and cause an accident, your bodily injury insurance will cover the injuries to others, but not your injuries. Other insurance coverages, such as your No-Fault Personal Injury Protection coverage (PIP), would pay for your injuries.
This article will show you how BI coverage works and when bodily injury insurance in Florida is required.
We will be explaining BI coverage to you and how it relates with Florida car accident laws. We will also discuss why BI coverage is so important for a successful car accident case. A Gainesville-based car accident attorney will provide insurance coverage recommendations. We will help you understand the complexity of this topic and how to best protect your family.
Florida’s auto insurance system is one of the most complex in the country. This is due to the No-Fault Personal Injuries Protection law. This law was created to help with claims for less severe injuries. This law makes it harder to hold negligent drivers accountable. Florida does not have a requirement for bodily injury coverage. This puts you at risk. You can read the rest of this article to learn how to protect yourself.
What is Florida Bodily Injury Liability Insurance (BIL)?
Bodily injury coverage (BI), is a part of an auto insurance policy that covers the “body” of the person who has been injured by a negligent driver. This coverage is provided to the other person and not to the policy owner. If you are injured in an accident, such as a car wreck, and the other driver is covered under bodily injury liability, you will be compensated money from that coverage. Your negligent actions can result in bodily injury policies covering injuries and death for other people.
Your policy won’t cover injuries sustained by you if you don’t have bodily injury coverage. Your policy may also cover Florida injuries. These include your no-fault (PIP), Medpay, and UM coverage (uninsured/underinsured motorist). Your Florida bodily injury liability coverage would cover you if you are responsible for causing another person to be hurt in an accident. Your policy would cover you to have an attorney represent you and any damages that you cause.
Is Florida required to have bodily injury liability insurance?
Technically, no. However, the practical answer to this question is that you must have at least $10,000 in bodily injury liability coverage in Florida. Except for certain traffic violations or car accidents, Florida doesn’t require bodily injury liability coverage. While many states require that drivers have bodily injury coverage, Florida is not one of them. Florida only requires two types insurance coverage in order to obtain a driver’s license. They are Personal Injury Protection (PIP), and Property Damage Liability. Each must have $10,000 coverage.
If you have been involved in a car accident, or committed certain traffic offenses, the exception to the bodily injury liability requirement does not apply. These requirements are set forth in the Florida Financial Responsibility Act. The law requires that the owner or operator of a vehicle in an accident that causes at least $500 of bodily injury or property damage must be financially responsible or his registration and license will be suspended. There are three ways to meet the financial responsibility requirement under the law. If you have insurance coverage with minimum $10,000 per person and $20,000 per incident bodily injury liability coverage, this is the easiest way to meet the financial responsibility requirement. For most people, the other options are more difficult. The first is to post a $30,000 bail and the second is to “self-insure,” which requires you to demonstrate at least $40,000 worth of unencumbered assets.
People who are convicted or plead guilty to a DUI offense will be exempted from this requirement. They will need to have bodily injury liability coverage of $100,000 per person and $300,000.00 per wreck for at most 3 years following the reinstatement of their driving privileges.
Your license will be suspended for three consecutive years if you are a driver in an accident. To get your license back sooner, you must be released from any liability of the injured person and/or post security to pay their entire claim. It is sensible to have minimum coverage for bodily injuries of $10,000 per person and $20,000 per incident in Florida. You could lose your driver’s license and end up paying a lot.
What is a BIL?
In Florida, only certain situations require bodily injury liability coverage. It is possible to drive or register a vehicle and not have it. However, you could be exposed to many potential problems. Florida does not have a requirement for bodily injury liability coverage. This is a problem for victims of dangerous drivers. Many Florida drivers don’t have bodily injuries liability coverage. You may not be entitled to money from them if they cause injury in an accident.
Why would you want coverage?
If you are a Florida driver, or in any other state, bodily injury liability coverage is a must. It is important for two reasons. The first is that if you are involved in a car accident, someone can sue you for damages. Bodily injury coverage will cover them and protect your assets. Your insurer will pay for the legal fees to defend you against a lawsuit if you have BI coverage.
Insurance companies will not sell Uninsured Motorist coverage if your BI coverage does not include BI. If someone injures or causes bodily injury to you, Uninsured Motorist coverage (UM) protects you. Florida does not require bodily injury coverage so many Florida drivers don’t have enough coverage. You can protect yourself with UM coverage.
According to an Insurance Research Council study, Florida has the highest number of uninsured motorists. More than 26% of Florida’s drivers don’t have insurance. 25% of the remaining 75% have minimum coverage, which does not include bodily injury liability coverage. Florida’s drivers are 50% without coverage that covers you in the event of an injury. To protect yourself, you need uninsured motorist coverage.
Can you sue someone with no bodily injury insurance coverage in Florida?
Yes. Yes. You can sue anyone who doesn’t have any bodily injury insurance. The law doesn’t require that there be insurance coverage. However, in practice, personal injury lawsuits are designed to make the parties pay their insurance. Most people don’t have enough non-mortgaged or exempt assets in order to pay a judgement.
The common law of Florida governs auto accident lawsuits in Florida. The common law refers to the law that has been developed in Florida courts over time. The common law was developed in England over hundreds of years. It is also known as the law of torts by lawyers. “Tort” is an ancient Latin term which came to refer to an “error” in English. A tort, or personal injury lawsuit, is a civil lawsuit that seeks damages for damages not arising from a contract dispute. Personal injury lawsuits must prove that the wrongdoer owed a duty to you and that he was negligent.
The Florida legislature has also enacted statutes that impact car accident lawsuits. The Florida Uniform Traffic Control Law (Florida Statutes 316) is the main one. This law sets uniform requirements for pedestrian and driver actions in the entire state. It overrides local requirements. This means that local governments can’t pass laws to alter uniform state laws.
Florida Uniform Traffic Control Law regulates traffic issues such as speed, safety, signaling and right-of-way. This law is the basis for traffic citations. This law is just one part of evidence in a car accident case. If a driver involved in a car accident violates the Traffic Control Law, their violation can be used as prima facie evidence that they were negligent. “Prima facie evidence” is evidence that is considered to be proof, unless it’s rebutted by defense.
This means that you will need to prove that another person violated their duty of care and caused your injury in order to win a personal injuries lawsuit. Everybody who uses roads has a duty to others. Respecting Florida’s traffic laws is one key element of this care. If your case is brought to trial, the jury will decide if someone caused you harm or was negligent. They will consider all evidence and reach their final decision.
Another important factor to consider is whether the defendant is worth suing, if they do not have bodily injury liability insurance. The majority of people don’t have enough liquid assets to pay a judgement. We are often trying to get their insurance company to pay their policy limits. Florida has a strong law regarding homestead. It protects homeowners’ homes from being taken to pay a judgement. Personal injury lawsuits are exempt from bankruptcy, so most judgments and debts can be discharged. Even if you win a lawsuit against someone who hurt you, if they don’t have sufficient bodily injury liability coverage, it is likely that you will never be able to recover any money. We recommend you buy your Uninsured Motorist insurance. To protect yourself against negligent acts by underinsured motorists.
What amount of Florida Bodily Injury Liability insurance should you get?
We recommend that you purchase as much Bodily Injuries Liability insurance as possible as car accident lawyers. You get two benefits from your bodily injury coverage: it protects you assets in the event that you injure another person on the road and allows you to purchase equal amounts of Uninsured motorist coverage.
Financial Responsibility Law requires bodily injuries liability coverage up to $10,000 per person and $20,000 for each accident. This is the minimum amount that you need to protect your license in case you are involved in an accident. This coverage does not cover you. A single visit to the hospital could easily run into excess.
We recommend you buy BI coverage that covers at least $100,000 per person, and $300,000.00 per accident. You should consider purchasing more if you have the funds. Your insurer will only offer you Uninsured motorist coverage if you buy Bodily Injury Liability coverage. If you purchase the $100,000/$300,000.00 of BI, you can also buy $100,000/$300,000.00 of UM. This coverage will provide you with protection if you are injured by an underinsured driver. Remember that serious injuries from car accidents can cost you well over $100,000 for medical treatment, lost income, and permanent disability. We recommend you buy more BI and UM if possible.