Live in New York, Hurt in a Florida Car Accident (Claims and Settlements)

If you’re a New York (“NY”) resident who is hurt in a Florida auto accident, different laws may apply to your case than if you’re a Florida resident.

Different laws may also apply if you’re making a claim under a New York auto insurance policy (even if you live in Florida) and you’re hurt in a Florida auto accident.

This article applies if:

• you live in New York and were hurt in Florida auto accident; and/or
• you’re an “insured” under a New York auto policy, who is hurt in a Florida crash

If you’re in 1 of these 2 classes, your case is even different from a visitor from a state other than New York who is hurt in Florida auto accident.

Here, I’ll focus on some major differences that may exist when dealing with New York auto insurance in a Florida accident.

Throughout this article, when I use the word “car” I am also referring to a truck.

Will Florida PIP Cover a New York Resident Who is in a Florida Auto Accident?

Maybe.  Florida Personal Injury Protection (PIP) insurance covers a New York resident who is hurt in Florida while:

• A driver or passenger in a rental car
• A driver or passenger of a car registered in Florida
• A passenger in a private bus in Florida

When Won’t Florida PIP Cover a New York Resident Who is in a Florida Auto Accident?

Florida Personal Injury Protection (PIP) insurance doesn’t cover a New York resident who is hurt in Florida if a:

1. car hits a New Yorker while a pedestrian in Florida
2. car hits a New Yorker while riding a bicycle in Florida
3. car hits a New Yorker while riding a moped, scooter or motorcycle in Florida
4. New Yorker is hurt while in a taxi, limousine or public bus in Florida

You Don’t Need a Threshold Injury in Those Above Situations

If you’re from NY and you’re in 1 of the 4 types of Florida auto accidents that I just mentioned, you likely won’t need a threshold injury in order to be entitled to money for pain and suffering.

If you don’t to meet the tort threshold, it usually increases the settlement value of your case.

New Yorker Should Give PIP Info, And Health Insurance Info to Hospital and Doctors

A New York resident should always give your health insurance and other first party insurance information to the hospital and medical providers.

A New Yorker who is hurt in a Florida auto accident should give the following information to the hospital and medical providers:

• PIP insurance info if you’re covered by PIP while in Florida
• Health Insurance and Other First Party Insurance

Even If You Get Workers’ Compensation for your Florida Car Accident, You May Still Get Florida PIP Benefits

If you’re injured in a car crash while on a business trip in Florida, and you get workers’ compensation benefits, Florida PIP will still pay benefits.

This assumes that you are covered by Florida PIP, which I discussed earlier.  You need to know whether your workers’ compensation claim is being paid through the Florida workers compensation system or the NY workers’ comp system.

It will determine how much you may have to pay back the workers’ compensation insurer if you settle your Florida car accident case.

A New Yorker Hurt in Florida Can Also Sue the Careless Driver

If you live in a New York and you’re hurt in Florida, you can still make a claim against any parties whose negligence caused the auto accident.

New Yorkers Are Required to Have UM Coverage

All New York car owners are required to have either Statutory Uninsured Motorists Coverage, or Supplementary Uninsured/Underinsured Motorists Coverage.  There are BIG differences between the two types of UM.

NY Statutory Uninsured Motorists Coverage Doesn’t Cover you in Florida

Statutory Uninsured Motorists Coverage won’t pay for injuries or death only if the car accident happens in Florida.

Supplementary Uninsured/Underinsured Motorists Coverage

Supplementary Uninsured/Underinsured Motorists (SUM) Coverage also gives you Florida coverage for accidents with negligent motorists who have no insurance.

SUM Coverage Applies to Florida Auto Accidents

SUM Coverage protects…

• you
• a family member who lives with you; and
• someone in a car you’re operating

…if there’s an accident with a car that does have bodily injury (“BI”) liability insurance, but its bodily injury liability is less than the bodily injury liability insurance that you have on your own car.

This kind of coverage is called “underinsured motorists coverage”, and it’s included in SUM Coverage.

Your New York SUM Coverage limit can’t be higher than your bodily injury liability limits.

• you have UMBI or UIM on your personal vehicle (e.g. car, etc.)
• a resident relative has UMBI or UIM on their vehicle
• the host vehicle (car that you were in) has UM coverage.

New York SUM Coverage Limit is Reduced By Negligent Driver’s BI Insurance in Florida

If you have an accident in Florida, your SUM Coverage limit will be reduced by any liability insurance or bond payments made by a negligent motorist.

Lowest SUM Coverage Limits Are $25,000/$50,000

The lowest New York SUM Coverage limits that apply to your Florida auto accident are $25,000 per person and $50,000 per accident, regardless of the number of persons involved in any given accident.

New York SUM Coverage With Limits Higher Than $25,000/$50,000, Extended to Florida

The following higher limits of New York SUM are typically available $50,000/$100,000, $100,000/$300,000, and $250,000/$500,000.

Example (Using Per Person Limits) of New York SUM Coverage in Florida Accident

Assume the following for this Florida Accident:

New York Insured’s Bodily Injury Damages………$ 300,000
New York Insured’s Liability Limit ……………………….$ 500,000
New York Insured’s SUM Limit……………………………..$ 250,000
Florida Motor Vehicle Liability Limit…. $ 25,000

In this example, the (New York resident) insured has purchased the maximum amount of SUM coverage that must be offered by the insurer.

Insured recovers $25,000 from the negligent owner or operator of the other motor vehicle, and $225,000 ($250,000 minus $25,000) under the SUM coverage, for a total recovery of $250,000.

However, if the negligent owner or operator of the other motor vehicle had no liability insurance at all, the insured would collect $250,000 in SUM coverage from the insured’s own insurer.

But, if the owner or operator of the other motor vehicle was not negligent, the insured would receive no SUM payments.

Example 2 (Using Per Person Limits)

Assume the following for this Florida Auto Accident:

New York Insured’s Bodily Injury Damages………$100,000
New York Insured’s Liability Limit ……………………….$25,000
New York Insured’s SUM Limit……………………………..$25,000
Florida Motor Vehicle Liability Limit…. $25,000

NY insured recovers $25,000 from the negligent owner or operator of the other motor vehicle.

But the insured receives nothing under the SUM coverage, which equals New York’s mandatory Uninsured Motorists Coverage, since the other Florida owner or operator’s vehicle did not have less liability insurance than the insured’s vehicle.

If the NY insured’s liability and SUM limits were both $40,000, the NY insured would collect another $15,000 in SUM coverage from the NY insured’s own insurer.

Fun fact: More visitors from New York City, NY visit Florida than from any other city.

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