I was involved in an accident. The passenger in my car is claiming for bodily injury. My insurance coverage was PIP only.dania,

Asked about 4 years ago - Dania, FL

.1. am I obligated to pay.
2. As far as I know the pax did not suffer any permanent disability.
3.Can I be sent to prison
4.My drivers license has been suspended ad a result of the suit.
5.I am unabe to pay so I have to ;license

Attorney answers (5)

  1. Evan Michael Ostfeld

    Contributor Level 11

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    Answered . Well you seem to already have some of the answers. Your license will probably stay suspended until you come to some sort of settlement with the injured party. Your insurance company does not have to cover the injured person's damages since you did not have the liability portion of coverage. So long as you do not drive with a suspended license you cannot go to jail for the accident, unless of course you were also charged with a criminal infraction, e.g. D.U.I., etc. Next time you should PAY for the liability portion of coverage.

    Good Luck!

    Evan in FLA (866) I SUE YOU (478-3968).

  2. Ayuban Antonio Tomas

    Pro

    Contributor Level 20

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    Answered . You will not be sent to prison, this is a civil issue not a criminal one. You can, however, be sued by your passenger. If he wins a judgment against you, he will have various ways to legally collect against you. You should consult with a civil attorney about this.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  3. Blaise E. Picchi

    Contributor Level 15

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    Answered . I think the other attorneys missed something in your question. You said you had PIP and your passenger was injured. Your passenger is covered by your PIP. That is, 80% of the cost of the injury less your deductible. You implied that your passenger is suing you?

    You probably should see an attorney. It might not cost as much as you think just to get an attorney to give you correct information on how to straighten out your problem.

    The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship but if the answer was helpful, kindly check the thumbs-up box below.

  4. Luke S. Brown

    Contributor Level 11

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    Answered . The prior answers are generally correct, but there is more of which you should be aware.

    Your license has been suspended under the Financial Responsibility Law for not having the required insurance. Assuming that you are convicted on the ticket that you may have been issued, the suspension will last for an initial period of one year. You may be able to regain your driving and registration provileges if you make arrangements to pay the damages (on a form promulgated by the Bureau of Financial Responsibility) and follow through on the payments. You will also be required to obtain an SR-22, which is a form of high-risk liability insurance available through a licensed Florida property & casualty insurance agent.

    It is unfortunate that you are "unable to pay" but respectfully, it does not matter. You should not have been driving without insurance, much less with a passenger in the car.

    This is a general response to the question that you posed, and is not intended, nor should it be construed, as legal advice.

  5. Luke S. Brown

    Contributor Level 11

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    Lawyer agrees

    Answered . This is in further response to your question, as I am compelled to clarify something that the last attorney said that may lead you astray.

    While your PIP may apply to the medical expenses of the passenger, FL law requires more than PIP to satisfy the Financial Responsibility Law. Your failure to have anything but PIP, and consequent violation of the Financial Responsibilty Law, is likely what resulted in the license suspension. You should review Fla. Stat. 324.021(7) for specifics, as well as consult a licensed Florida property and casualty insurance agent.

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