Who pays if a car hits you while walking or biking in Florida?

Does PIP cover pedestrians and bicyclists in Florida?

Florida PIP (personal injury protection) can pay if a car hits you while walking, and whose PIP applies depends on who owns a car and where you live: your own PIP if you own a car; if you don't own a vehicle that must carry Florida PIP, a relative's you live with; and if neither applies, the PIP of the car that hit you if you live in Florida. On a bike, the key PIP words are "not an occupant of a self-propelled vehicle." Florida law defines a bicycle as a vehicle "propelled solely by human power," so a person on a regular bike is not in a self-propelled vehicle, and these PIP rules can apply.

For someone not in a self-propelled vehicle, PIP can pay if the injury is "caused by physical contact with a motor vehicle," and the PIP of the car that hit you covers only Florida residents who don't own a vehicle that must carry Florida PIP and aren't entitled to PIP from the insurer of the owner of such a vehicle. If a car made you fall without touching you or your bike, how the physical-contact words apply can depend on the facts and on court decisions, so have a lawyer review your crash before you rule out PIP. Required PIP coverage has a limit of $10,000 in medical and disability benefits and $5,000 in death benefits. PIP pays up to $10,000 for covered care if a listed physician, dentist, physician assistant or advanced practice registered nurse has determined you had an emergency medical condition, but only up to $2,500 if a listed provider determines you did not. If no physician, dentist, physician assistant or advanced practice registered nurse has found that you had an emergency medical condition, PIP may pay only up to $2,500. To get PIP medical benefits, your first care must come within 14 days after the crash from a provider type the PIP law lists. For more on these crashes, see pedestrian accident lawyers in Melbourne.

What does Florida law say about PIP for people hit by cars?

PIP and fault

Under section 627.731, Florida Statutes, the purpose of Florida's PIP law is to provide medical, surgical, funeral and disability insurance benefits "without regard to fault." Under section 627.736, Florida Statutes, Florida law allows a PIP insurer to exclude benefits for an injured person whose own conduct contributed to the injury by causing the injury to themselves intentionally, or by being injured while committing a felony.

Who PIP must cover

Section 627.736(1) says a policy that meets Florida's PIP requirement must cover, among others, "other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle," such as someone on foot, subject to other parts of the law. Florida's traffic law, section 316.003(4), Florida Statutes, defines a bicycle to include "every vehicle propelled solely by human power, having two tandem wheels" (two wheels, one behind the other).

Whose insurer pays

Under section 627.736(4)(e), for an injury in Florida while you were "not an occupant of a self-propelled vehicle," PIP can pay "if the injury is caused by physical contact with a motor vehicle," and which insurer pays depends on who owns a car and where you live:

• If you own a car with Florida PIP, your own insurer pays, even though you were not in your car.
• If you live with a relative who owns a car with Florida PIP and you are "domiciled" there (it is your permanent home), the relative's insurer pays, as long as you don't own a vehicle that must carry Florida PIP.
• Otherwise, the insurer of the car that hit you pays only if you are "a resident of this state," don't own a vehicle that must carry Florida PIP, and aren't entitled to PIP from the insurer of the owner of such a vehicle.

The 14-day rule

To get PIP medical benefits, your first care must come within 14 days after the crash, and it must be lawfully provided, supervised, ordered or prescribed by a medical doctor or osteopathic physician, a dentist, a chiropractic physician, or an advanced practice registered nurse registered under section 464.0123, or be provided in a hospital or in a facility that owns, or is wholly owned by, a hospital; a licensed provider of emergency transportation and treatment may also give first care. For more on what PIP covers, see Can I sue the other driver after a Florida car accident if I have PIP?

What car owners must carry

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), to register a vehicle with at least four wheels in Florida, the owner must show proof of PIP and property damage liability insurance. FLHSMV lists bodily injury liability coverage, which pays for injury or death to others, as required for taxis, not as one of the two coverages needed to register, so the driver who hit you may not carry it.

Whose PIP pays in your situation?

These general examples show how the rules above play out in other situations. They are not advice about your crash.

• You own a car that must carry Florida PIP, but your PIP lapsed: you may not get PIP from the insurer of the car that hit you or from a relative's insurer, because the statute's words leave out an owner of a vehicle that must carry Florida PIP. A lawyer can look for other coverage that may apply.
• You are visiting from another state or country: the PIP of the car that hit you may not cover you, because it covers a person on foot only if they are a Florida resident. Check your own auto and health insurance, and talk to a lawyer about what may apply.
• The car never touched you or your bike (for example, you jumped out of its way and fell): PIP may not apply, because the law looks to physical contact. Have a lawyer review your crash before you rule out PIP, and check for other coverage.
• You were on a regular bike: whether PIP pays turns on the PIP law's words quoted above and on whether the car made physical contact. A lawyer can check whether PIP pays in your crash, and whose. For more on bike crashes, see bicycle accident lawyers in Melbourne.
• You were hurt while working: workers' compensation benefits you receive must be credited against your PIP benefits.

Other questions about who pays after a car hits you

Does PIP pay if the crash was partly my fault?

Generally, yes. Florida's PIP law exists to provide benefits "without regard to fault," subject to exclusions, such as the two above. Fault matters in a claim against the driver: under section 768.81, Florida Statutes, your own share of fault in a negligence case (a claim that someone was careless) reduces your damages proportionately but does not by itself bar recovery, unless you are found more than 50 percent at fault for your own harm, in which case you cannot recover any damages. That bar does not apply to medical negligence claims. Who is to blame depends on the facts; see Who is at fault when a car hits a pedestrian in Florida? and Who is at fault when a car hits a bicyclist in Florida?

What if the driver had no insurance or drove away?

Your own PIP, or a relative's you live with, may still apply on the same terms, since the law looks to physical contact with "a motor vehicle," not only an insured one. If no one in your home has PIP and the car had none or can't be found, there may be no PIP to claim, and a lawyer can look for other coverage. Under section 627.727, Florida Statutes, a Florida auto policy with bodily injury liability coverage must include uninsured motorist coverage unless a named insured (a person named on the policy) rejects it in writing for everyone insured under the policy, and that coverage also counts a car as uninsured when its bodily injury limits are less than the total damages of the person legally entitled to recover. Whether it covers you on foot or on a bike depends on your policy, so have it checked; after a hit-and-run, see What should I do after being hit by a car as a pedestrian?

Who pays for what PIP doesn't cover?

Section 627.736(4) says PIP benefits are "primary," so PIP pays first; how your health insurance fits in after that depends on that plan's terms. You may make a claim against the driver for losses PIP does not pay; you cannot recover from the driver damages that PIP paid or must pay, and no insurer has a lien (a right to be repaid) for PIP benefits on what you recover. Under section 627.737(2), Florida Statutes, in a lawsuit against the owner, registrant (the person the vehicle is registered to), driver or occupant of a PIP-insured vehicle, damages for pain, suffering, mental anguish and inconvenience are recoverable only if the injury includes significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability (other than scarring or disfigurement), significant and permanent scarring or disfigurement, or death. See Can I sue the other driver after a Florida car accident if I have PIP?

What to do now so the right insurance pays

• Get first care within 14 days after the crash from a provider type the PIP law lists (see the list above).
• Tell each PIP insurer that may owe you (yours, a relative's you live with, and the insurer of the car that hit you) about the crash in writing, as soon as you can. An insurer may require written notice "as soon as practicable" after an accident involving a vehicle its policy covers.
• Send medical bills from the crash to PIP first, since PIP is "primary," and give each provider the PIP insurer's name.
• Keep copies of every medical bill, record and receipt, and photos of your injuries.

Your deadline to file a lawsuit

Under section 95.11, Florida Statutes, a lawsuit for an injury caused by negligence must be filed within two years. That two-year rule applies only to claims that arose after the 2023 change took effect on March 24, 2023, and under section 768.28, Florida Statutes, a negligence lawsuit against a Florida state or local government agency must be filed within 4 years after the claim arises, except medical malpractice and wrongful death claims, which follow the deadlines in section 95.11(5). Before you can sue a government agency, a written claim generally must be presented within 3 years after the claim arises (2 years for wrongful death) and then denied, or left without a final decision for the time the law allows. Older claims follow different rules, explained in How long do I have to file a personal injury claim in Florida?

Talk to a Melbourne pedestrian and bicycle accident lawyer

Douglas R. Beam, P.A. is a law firm in Melbourne, Florida. If a car hit you while you were walking or riding a bike, you can talk with us in a free consultation. A lawyer can help sort out which PIP insurer may owe you and look for other coverage when PIP runs out or does not apply.

Call us at (321) 723-6591, or send us a message through our website. Our office is at 25 West New Haven Avenue, Suite C, Melbourne, FL 32901.

Sources

• Section 627.736, Florida Statutes
• Section 627.731, Florida Statutes
• Section 316.003, Florida Statutes
• Section 627.737, Florida Statutes
• Section 627.727, Florida Statutes
• Section 768.81, Florida Statutes
• Section 95.11, Florida Statutes
• Section 768.28, Florida Statutes
• Chapter 2023-15, Laws of Florida
• FLHSMV: Florida Insurance Requirements