If you are hit by a car while walking in Florida, one of the first questions is usually, whose insurance covers this? Most people assume it is the driver’s. Sometimes it is, but not always right away.
At Marsalisi Law, we help injured pedestrians across St. Petersburg understand how the layers of coverage actually work after a crash. Florida is a no-fault state, which means Personal Injury Protection, or PIP, often comes into play first. If you have your own auto insurance, your PIP coverage will typically apply, even though you were not in a car at the time. That surprises a lot of people.
What PIP Covers and Where It Falls Short
PIP usually covers 80 percent of medical bills and 60 percent of lost wages, up to $10,000. According to the Florida Department of Financial Services, payment is based on the fact that an individual receives initial services and care within 14 days after the motor vehicle accident.
PIP can help in the beginning, but it often does not go very far in a serious pedestrian accident. In addition, PIP benefits may be limited or unavailable if initial medical treatment is not obtained within 14 days of the accident.
What Happens If You Do Not Have Your Own Policy
If you do not have your own policy, the next place to look is whether someone in your household does. In many cases, that coverage can extend to you. If not, then the at-fault driver’s PIP coverage may apply. That is just the starting point.
When You Need to Go Beyond PIP
PIP does not cover everything. It does not include pain and suffering, and it is often used up quickly when injuries are serious, which they often are in pedestrian accidents around St. Pete and the surrounding areas.
To go beyond that, you may need to pursue a claim against the driver who caused the crash. That depends on whether your injuries meet Florida’s serious injury threshold. If they do, you may be able to recover compensation for the full scope of what you have gone through, including ongoing medical care, lost income, and the impact on your daily life.
How Comparative Fault Can Reduce Your Recovery
Insurance companies will still look closely at how the accident happened. Even in situations where a driver should have seen a pedestrian, they may try to argue that the person walking shares some of the blame. Florida follows modified comparative negligence, which means any recovery may be reduced based on your percentage of fault and may be barred entirely if you are found more than 50 percent responsible. That can significantly affect the outcome of a claim.
Underinsured and Uninsured Drivers
There is also the issue of coverage. Not every driver carries enough insurance, and some do not carry bodily injury coverage at all. When that happens, your own uninsured motorist coverage may become important. The process is not always as straightforward as it should be.
The most important thing to understand is this. There may be more than one insurance policy involved, and the order in which they apply can make a difference in how your claim is handled.
Talk to Marsalisi Law About Your Pedestrian Accident
If you have been injured as a pedestrian and are trying to figure out what comes next, Marsalisi Law offers free consultations to help you understand your options and move forward with clarity. Working with Frank P. Marsalisi means getting direct, hands-on attention from an attorney with more than 18 years of personal injury experience and over 300 5-star Google reviews from clients across Tampa Bay.
Before speaking with the insurance company, it is important to understand your rights and how these issues may affect your claim. Marsalisi Law is Where Law Gets Personal! To get started, please contact our office for a free consultation today.
