If you live in Texas and you’re 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 Texas 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 Texas and were hurt in Florida auto accident; and/or
- you’re an “insured” under a Texas 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 Texas who is hurt in Florida auto accident.
Here, I’ll focus on some major differences that may exist when dealing with Texas auto insurance in a Florida accident.
Texas Medical Payments Coverage in Florida Auto Accidents
Texas Medical Payments Coverage is Part B1 in a Texas auto insurance policy.
What it pays: Your medical and funeral bills resulting from accidents in Florida, including an accident involving a pedestrian or bicyclist.
Who it covers: You, your family members, and passengers in your car, regardless of who caused the accident. When I use the word “car” in this article, I am also referring to a “truck”.
Texas Medical Payments Coverage May Apply in Florida Auto Accidents
I reviewed a Texas auto policy and it doesn’t say that Medical Payments coverage doesn’t apply in Florida. This leads me to believe that Texas Medical Payments Coverage applies to covered Texans who are hurt in Florida.
Texas Personal Injury Protection (PIP) in Florida Auto Accidents
What it pays: Same as medical payments coverage, plus 80 percent of lost income and the cost of hiring a caregiver for an injured person hurt in a Florida auto accident.
Who it covers: You, your family members, and passengers in your car, regardless of who caused the accident in Florida.
The least amount of PIP that you’ll have on your Texas auto insurance policy is $2,500, but you may have more. If you don’t have PIP, you were required to have rejected it in writing.
Texans Must Give Their Insurance Company Written Notice of The Claim for a Florida Accident
Texas Insurance Code article 21.55 typically requires that Texas insurers, within 15 days of receipt of notice of a claim, quickly acknowledge and begin to investigate the claim.
Notice of a claim starts when you give them written notice of the facts of the accident. You should notify the Texas insurer in writing to start the clock.
Texas Residents Must Show Contact Between 2 Vehicles to Get Texas UIM
If you’re a Texas resident who is hurt in a Florida car accident, and you make an UM claim under a Texas auto insurance policy, there must be physical contact between the 2 vehicles involved in the crash.
Swerving out of the way to avoid a crash is not enough to get Texas UM benefits.
Will Florida PIP Cover a Texas Resident Who is in a Florida Auto Accident?
Maybe. Florida Personal Injury Protection (PIP) insurance covers a Texas 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 Texas Resident Who Is In a Florida Auto Accident?
Florida Personal Injury Protection (PIP) insurance doesn’t cover Texas residents who’re hurt in Florida if a:
- Car hits you while you’re a pedestrian
- Car hits you while you’re while riding a bicycle
- Car hits you while you’re while riding a moped, scooter or motorcycle
- You’re injured while in a taxi, limousine or public bus
You Don’t Need a Threshold Injury in Those Above Situations
If you’re from Texas 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.
However, you may need to meet Florida’s tort threshold if you qualify for $10,000 or more in Texas medical payments coverage and/or Texas PIP coverage.
If you don’t to meet the Florida’s tort threshold, it usually raises the settlement value of your case.
Texans Should Give PIP/Medpay Info, And Health Insurance Info to Hospital and Doctors
Texas residents should always give your Texas PIP/Medpay insurance information, and your health insurance info to the hospital and medical providers.
If you’re also covered by Florida PIP, you should also give that information to your medical providers.
Even If You Get Workers’ Compensation for a 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’re covered by Florida PIP. You need to know whether your workers’ compensation claim is being paid through the Florida workers compensation system or the Texas 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.
Texans Hurt in Florida Can Also Sue the Careless Driver
If you live in a Texas and you’re hurt in Florida, you can still make a claim against any parties whose negligence caused the auto accident.
Texas Uninsured/Underinsured Motorist (UM/UIM) Coverage in a Florida Crash
What it pays in a Florida car accident: Your expenses from an accident caused by an uninsured motorist in Florida, a motorist who did not have enough insurance, or a hit-and-run driver.
Bodily injury UM/UIM pays for medical bills, lost wages, pain and suffering, disfigurement, and permanent or partial disability. There is not a deductible with this type.
Who it covers in a Florida car accident: You, your family members, passengers in your car, and others driving your car with your permission.
Texas UM is Not Required
Insurance companies must offer UM/UIM coverage. If you don’t want it, you must reject it in writing.
If you have Texas UM, the lowest limits will be $20,000 for bodily injury or death to 1 person in any accident in Florida, and$40,000 for bodily injury or death to 2 or more persons in any 1 accident. You may have more UM/UIM, but no more than the liability covered on the same policy.
How Long Does a Texan Have to Bring a UM Claim on a TX policy for a Florida accident?
A Texan has 4 years to bring a claim for UM benefits on a Texas UM policy for a Florida accident. Franco v. Allstate Insurance Company, 505 SW 2d 789 – Tex: Supreme Court 1974. The same is true if it’s a wrongful death case.
How Long Does a Texan Have to Bring a UM Claim on a Florida policy for a Florida accident?
A Texas resident who is making a claim against a Florida UM policy has 5 years to make the UM claim.
Texas UIM Insurer Gets an Offset for Careless Driver’s BI Limits
If you’re a Texas resident who is hurt in a Florida car accident, and you make a underinsured motorist insurance claim with a Texas policy, your insurer is entitled to an offset for the full amount of the tortfeasor’s policy limits.
Texas Residents Must Show Contact Between 2 Vehicles to Get Texas UIM
If you’re a Texas resident who is hurt in a Florida car accident, and you make a UM claim under a Texas auto insurance policy, there must be physical contact between the 2 vehicles involved in the crash.
Swerving out of the way to avoid a crash is not enough to get Texas UM benefits.
Texas Residents Don’t Need a Physical Impact to Between 2 Vehicles to Get Florida UIM
If you’re a Texas resident who is hurt in a Florida car accident, and you make a UM claim under a Florida auto insurance policy, there doesn’t have to be a physical contact between the 2 vehicles involved in the crash.
Swerving out of the way to avoid a crash gets you UM coverage, assuming the car that you’re in (“host vehicle”) has UM coverage.
Example (Using Per Person Limits) of Texas UIM Coverage in Florida Accident
Assume the following for this Florida Accident:
Texas Insured’s Bodily Injury Damages………$ 300,000
Texas Insured’s Liability Limit ……………………….$ 500,000
Texas Insured’s UM Limit……………………………..$ 250,000
Florida Motor Vehicle Liability Limit…. $ 25,000
In this example, the (Texas resident) insured has purchased $250,000 in UIM coverage.
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 UM 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 Texas insured would collect $250,000 in UM coverage from the Texas insured’s own insurer.
But, if the owner or operator of the other motor vehicle was not negligent, the insured would receive no UM payments.
Florida UIM Insurers Don’t Get an Offset for Careless Driver’s BI Limits from Florida Crash
If you’re a Texas resident who is hurt in a Florida car accident, and you make a UIM claim under a Florida auto policy, your insurer is entitled to an offset for the full amount of the tortfeasor’s policy limits.
Someone who lives in Texas will likely only be able to make a UIM claim if they are in a Florida registered car that has UM coverage.
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