Legal Question in Personal Injury in Florida

I got into a car accident in Florida. I had full coverage but NOT bodily injury, because i thought full coverage covered EVERYTHING. The DMV told me told me after the accident that its ONLY required IF you have a car accident, IF you dont have an accident then its NOT required!?.. So the guy i hit is going to "treatment" and he refuses to sign a release of full claims. The insurance company says he has five years to sign it? So that means i cant get my license for FIVE years? Is there some kind of loophole or some way i can get around this?


Asked on 10/25/09, 11:22 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Your question is confusing.

In Florida, you are not required to have bodily injury insurance (coverage that would pay for the other guy's injuries caused by your negligence). You are not required to have this coverage even if you have been in an accident. Anyone you hurt, however, can sue you and obtain a judgment against you personally.

If you had been told that you had full coverage, go complain to your agent and see what you really have. You are only required to have PIP and property damage coverage. PIP just covers a small amount of your medical bills (some call it the no-fault coverage). Full coverage would be PIP, Property damage, collision, bodily injury, med pay, Uninsured/underinsured motoristve and comprhensive coverage.

The guy you hit is not required to sign a release unless you have settled with him (paid for his injuries). If you had PIP, the required coverage, you can keep your license. If you did not have the required coverage under Florida law, the DMV will take your license for violating the insurance requirements. You can get it back when you pay for the injuries you caused.

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Answered on 10/30/09, 11:36 am


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