Involved in an Accident with a Florida Driver Outside of the State
Hey everyone,
I have another question regarding Florida insurance rules. I was recently involved in an accident with a Florida driver in Alabama, and both our insurance companies determined that the other driver was at fault. Unfortunately, I sustained injuries and had to spend the night in the ER.
The at-fault driver has a Florida insurance policy that lacks bodily injury coverage and has minimal property damage coverage. However, Alabama’s minimum insurance requirements are $25,000 for both bodily injury and property damage. The insurance company for the at-fault driver has stated they will cover the Alabama minimum for property damage but not for bodily injury. Is that how this works?
From what I’ve gathered through my research and discussions with an attorney, it doesn’t seem correct. I feel a bit overwhelmed after a frustrating phone call with them today (I did my best to remain calm, but the lack of communication from the at-fault driver’s insurance has only added to the stress of this entire situation—including the physical, emotional, and financial strain I’m already dealing with).
I’m sorry to hear about your situation—getting hit by another driver is stressful enough without dealing with insurance complications. It sounds like you’re navigating a complicated situation with the at-fault driver’s insurance, especially since they do not have bodily injury coverage.
In general, insurance policies are governed by the laws of the state where the accident occurred—in your case, Alabama. Since the at-fault driver’s policy doesn’t meet AL’s minimum requirements for bodily injury, you might have a couple of options:
Personal Injury Protection (PIP): If you have your own car insurance policy in AL, check if it includes PIP coverage, which can help cover your medical expenses regardless of fault.
Underinsured Motorist Coverage: If you opted for this coverage in your own policy, it might apply to your situation, providing additional funds for your injury claims.
Pursuing a Claim Against the At-Fault Driver: Since the available insurance is insufficient, you might need to consider filing a claim directly against the driver for any remaining costs related to your injuries. This route can be more complex, especially if they only have limited resources.
It’s good to document everything, keep details of your communications with insurers, and follow up regularly. Since you’ve already spoken to an attorney, it might be worthwhile to proceed with legal action if you’re not getting a favorable response from the insurance company. You deserve fair compensation for your injuries and losses! Stay strong, and hopefully, you can find resolution soon.