Legal Question in Insurance Law in Florida

Pip

My friend and I were sporting on a race track riding our retro-fitted lawnmowers. We decided to take then on the highway for a spin. My buddy crashed the lawnmower into a tree and a piece of the lawnmower crashed in my eye. I went to hospital and they billed my PIP for the ER visit. My PIP, Progressive, denied coverage, and stated that the policy cancelled because I misrepresented on the application. They tell me that I failed to report my 3 year old daughter on the application and have returned my policy premiums. Do I have coverage.....


Asked on 11/24/05, 3:35 pm

1 Answer from Attorneys
James Woodruff The Woodruff Law Firm, P.L.

Re: Pip

A motor vehicle for purposes of the PIP statute is defined as any self-propelled vehicle with four or more wheels which is of a type both designed and required to be licensed for use on the highways of this state. Assuming that the lawnmower you were riding is the typical residential riding mower that does not require licensing by the state it is not a motor vehicle and therefore not covered by PIP.

However, you may have a cause of action against your friend. The statute of limitations is running so you do have a limited time to pursue any legal action you may want to take.

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Answered on 11/24/05, 11:00 pm


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