FL personal injury law, car/auto accident

First, if your son is injured he is covered under the PIP portionof your automobile insurance for his medical bills. In addition, he is covered under the bodily injury portion of the at fault driver - IF that driver had coverage of this type. Florida does not require drivers to carry Bodily Injury coverage. The property damage to the scooter should also be covered under the property damage portion of the at fault drivers insurance policy. The scooter will most likely NOT be covered under your auto policy. The scooter may be covered under your homeowner's policy.

I would probably make a claim under the at fault driver's policy for the property damage and loss of use. If your son is not injured, I would settle with that carrier. If your son is injured and you do not yet know what his injuries are-- find out BEFORE you reach any type of settlement with them. It is fine to resolve the property damages with the at fault carrier first, as long as you do not sign a release for ALL damages which would include his bodily injuries. Your first job is to find out what coverages the at fault driver had.

Betsey Herd
Tampa, Florida
813-597-3000

I disagree with Ms. Herd's answer. A scooter is a self-propelled vehicle and so I doubt that your son's injuries sustained while riding the scooter will be covered by PIP coverage. PIP applies if you are injured in a motor vehicle (under PIP it must have 4 or more wheels) or as a pedestrian (which would include a bicycle since it is not self-propelled). Contact your insurance company to find out if there is any coverage available for both your son's injuries and for the liability claim (damage to other vehicle). I doubt that the scooter is covered if there was no notice to the insurance company for them to add it to the policy. The home owners policy may have a low limit of $500 for 'damage to property of others' Unfortunately I believe the damage to the other vehicle will not be covered. The other vehicle owner can make a claim under their own policy and the insurer will then try to collect later. You may want to have an attorney review your insurance policy and discuss the way in which the accident occurred to determine if there is liability on the part of your son.

Always bring a claim against them in small claims court, for property damages and personal injury, even if just to offset their claims. Especially if you have no insurance. Please present their claim to your homeowners and automobile police companies for review.
Get a local attorney.

PETER :)

Getting a good lawyer does a couple things for you. First, he or she almost certainly will bring training to bear on the situation. Second, he or she will have the training necessary to assist you and not make errors. I also agree that Ms. Herd is likely incorrect concerning her post about the PIP coverage.

So, I observe you should get a lawyer. Have you lawyer look at the policy language on the insurances.

Because this matter is so important you should really get a lawyer.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

you need to make a claim on your sons policy with all the relevent imformation and let your insurance company deal with case