Car insurance in Florida can be confusing even for lifelong Floridians. From understanding the state’s no-fault laws to determining appropriate coverage levels, there’s a lot to consider.
One common question many Florida drivers ask is: “If I let someone else drive my car, are they covered by my insurance?” It’s a straightforward question, but the answer involves several factors that every car owner in Florida should understand.
Who is actually covered under typical auto insurance policies, and what happens if someone gets into an accident while driving your car? Does the insurance follow the driver or the vehicle in Florida?
Florida’s Insurance Laws
The Sunshine State follows a “no-fault” insurance system, which means that regardless of who caused an accident, each driver’s insurance company pays for their medical expenses and lost wages. This system is designed to reduce lawsuits and speed up the claims process, but it also comes with challenges.
Florida Statute 627.736 mandates that all drivers carry Personal Injury Protection (PIP) coverage of at least $10,000. This coverage is the cornerstone of Florida’s no-fault system, providing immediate medical benefits regardless of fault. Unfortunately, PIP doesn’t cover vehicle damage or injuries to others. That’s where other types of coverage come into play.
Is My Car Insured If Someone Else Drives It?
In Florida, the general rule is that car insurance follows the vehicle, not the driver. This means that if you permit someone to drive your car, your auto insurance typically provides primary coverage, even if the person driving isn’t listed on your policy.
However, there are important exceptions and limitations to be aware of:
- Permissive Use: Your policy likely covers occasional drivers with your permission to use your vehicle. However, coverage might be reduced compared to what you receive as the primary policyholder.
- Regular Drivers: If someone drives your car frequently, they should be listed on your policy. Failing to do so could result in denied claims.
- Excluded Drivers: Some policies allow you to exclude certain drivers specifically. If an excluded person drives your car and has an accident, your insurance won’t cover it.
- Policy Specifics: Coverage can vary based on your specific policy. Some insurers limit certain coverages for drivers not listed on the policy.
- Commercial Use: If someone is using your car for business purposes without appropriate coverage, your personal auto policy might not apply.
It’s crucial to review your specific policy or consult with your insurance agent to understand exactly how your coverage applies when others drive your vehicle. Remember, while your insurance might cover other drivers, you’re ultimately responsible for accidents involving your car.
What Happens When an Accident Occurs?
But what if you let a friend or family member drive your car, and they get into an accident on I-95 or 1-74? What happens now?
Your Insurance Steps Up
In most cases, your insurance will be the primary one. This means your policy will be the first to respond to the claim. Your liability coverage will kick in to pay for the other driver’s vehicle damage and any injuries they sustained up to your policy limits.
Your collision coverage (if you have it) will pay for the damage to your car minus your deductible. And remember that PIP coverage we talked about earlier? It will cover your friend’s medical expenses, as she was driving your insured vehicle.
But What About the Driver’s Insurance?
After an accident, your friend’s auto insurance typically acts as secondary coverage in this scenario. If the damages exceed your policy limits, their insurance might step in to cover the excess. This is often referred to as “excess coverage.”
When Things Get Complicated
While Florida’s no-fault system aims to simplify things, life (and traffic) has a way of throwing curveballs. This is where having an experienced car accident attorney can make all the difference.
- Serious Injuries: Florida Statute 627.737 allows individuals who have suffered serious injuries to file a lawsuit outside the no-fault system. A Florida auto accident lawyer can help navigate this complex process.
- Disputed Liability: If there’s any question about who was at fault, you’ll want a lawyer in your corner to fight for your rights.
- Insurance Company Tactics: Let’s face it: insurance companies are in the business of making money. They might try to lowball settlements or deny claims altogether. An attorney can level the playing field.
- Complex Scenarios: What if the other driver was uninsured? What if multiple vehicles were involved? In these situations, you should get a lawyer to help you after your car accident.
Consider this: A study by the Insurance Research Council found that auto injury claimants who hired attorneys received settlements 3.5 times larger than those who didn’t.
Frequently Asked Questions: Florida Auto Insurance and Other Drivers
To help clarify some of the most common concerns about insurance coverage when driving or lending a car in Florida, accident injury attorney Prosper Shaked compiled this list of frequently asked questions:
Q: Does my Florida auto insurance cover anyone who drives my car?
Generally, yes. Your insurance typically covers other drivers who use your car with your permission. However, coverage may be limited compared to what you receive as the policyholder.
Q: What if someone borrows my car regularly?
If someone drives your car frequently, it’s best to add them to your policy as a named driver. Failing to do so could result in coverage issues if they’re involved in an accident.
Q: Am I covered if I borrow a friend’s car in Florida?
In most cases, yes. The car owner’s insurance usually provides primary coverage, even if you’re not listed on their policy. Your own insurance might offer secondary coverage if needed.
Q: What happens if someone drives my car without permission and gets into an accident?
Your insurance company may deny the claim if your car is driven without your consent and is involved in an accident. In this case, the driver’s own insurance (if they have any) would be responsible.
Q: Does my Florida auto insurance cover rental cars?
Often, yes. Many personal auto policies extend coverage to rental cars, but it’s wise to check your specific policy. Some credit cards also offer rental car coverage.
Q: What if I lend my car to someone who doesn’t have their own auto insurance?
Your insurance will typically still cover the driver, as insurance follows the car in Florida. However, if they cause an accident, it could impact your insurance rates.
Q: Can I exclude specific drivers from my auto insurance policy?
Yes, some Florida insurers allow you to exclude named drivers from your policy. If an excluded driver uses your car and has an accident, your insurance won’t cover it.
Q: What coverage applies if I’m in an accident while driving someone else’s car for work?
Personal auto policies usually don’t cover vehicles used for business purposes. In this case, the business should have a commercial auto policy providing coverage.
Q: If someone borrows my car and gets a ticket, whose insurance is affected?
Traffic violations typically follow the driver, not the car. The person driving would be responsible for the ticket, which would likely affect their insurance, not yours.
Q: Do I need to inform my insurance company whenever I lend my car to someone?
You don’t typically need to inform your insurer each time for occasional use. However, for frequent borrowers, it’s best to notify your insurance company or add them to your policy.
Remember, while these answers apply to most situations in Florida, insurance policies can vary.
Contact Our Florida Car Accident Lawyers Today
If you or someone you love suffered an injury in a car crash in Miami or anywhere in Florida, you need a law firm on your side that understands what you’re going through. At Prosper Shaked Accident Injury Attorneys, PA., we are here to help you through this difficult time. We know how to go head-to-head with insurance companies to help you recover the money you need to move forward after a devastating car crash. Call us at 305-694-2676 or fill out our confidential contact form so we can connect!