I had a car accident a few days ago with my mothers car . I'm not on her policy nor do i live with her , she gave me permission to use her car to run some errands . Her insurance GEIGY , since she has full cover said they will cover the car damages and any other liability up to 10 , 000 if i am found to be at fault ( which they are still investigating ) . Now the problem is i got hurt and going to therapy but when they asked some questions of where i live the cars in that house i said yes ( my aunts car ) they said i needed to go after her PIP for my medical expenses , the problem is i live in my aunts house but rented with 2 other renters , i asked my aunt and she freaked out and said no way ! She doesn't have the same last name as me . Can go after my mom's cars PIP ?
I have read that if you are involve in a accident with someones else car, you usually you go after your own PIP if you have insurance from your own car (which i don't own a car). If not they use the PIP from the car that was involve in the accident?
Personal Injury Lawyer
Under Florida law, you would have to use the PIP coverage from the home you live in. If you did not own car and the home you lived in did not a have a vehicle registered to the home, and you mother (whom doesn't live with you) let u borrow the car, then you would have PIP coverage through your mother coverage. Based on facts stated in your question, you may not be getting any PIP carrier to cover you because of aunt failure to disclose (material misrepresentation) to insurance carrier about people living in home.
Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
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Personal Injury Lawyer
If you are a renter in your aunts house, and not just a relative living with her, I do not necessarily agree that she is required to advise her ins company of the renters living in her home. Especially, if you were not authorized to ever drive her car. That being said, there are other factors, such as whether you were staying with your aunt for a short time period, i.e., temporarily. If so, that would be another reason you would not need to be disclosed on your aunts policy. I would recommend signing an affidavit, that states you did not own a vehicle of your own and that you were a tenant in your aunt's home and not authorized to drive her car. (Assuming all to be true). Send the affidavit to your moms auto policy (pip adjuster) and tell them that you are entitled to coverage through her policy. If that doesn't work, get a lawyer.
9 lawyers agree
Car / Auto Accident Lawyer
If you don't own a car and you are renting a place, regardless if its your aunt's, you would qualify under the PIP policy for the vehicle you were operating at the time of the incident. Hopefully you have a Lease Agreement with your aunt but if not an Affidavit likely will suffice.
Insurance companies don't look for reasons to pay benefits but instead for reasons to deny it so I would consult an attorney for assistance with this issue as it will benefit you in the long run. Best of luck to you.
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As others have responded, it depends on a number of things. First off, if your Aunt lives with you and you are listed on her policy, you will be able to go through her PIP. If however she does not live with you and is merely renting the house to you, then you are out of luck going through her PIP. In that case, all you have to do is fill out an affidavit stating that you don't own a car and you don't live with anyone that does. Please be aware of changes to the PIP statute that went into effect on January 1st, 2013. If you want to know about those changes, please visit my blog. If you have any questions, always feel free to contact me at my office.
1 lawyer agrees