What happens if I am injured in an accident but I did not have PIP coverage?

If you are involved in an accident with an uninsured vehicle, you will generally be self insured for the first $10,000 of medical bills. Under Florida statute, an owner of a motor vehicle which is uninsured shall not be immune from tort liability, but shall be personally liable for the payment of benefits under s. 627.736. If you are in such a position after a car accident, do not deal with the other party directly or any of his representatives prior to contacting an experienced Palm Beach County accident attorney. Florida courts have ruled both ways when deciding if a tortfeasor is responsible for paying the medical bills of an injured party that didn’t have PIP coverage. Even though the Florida Statute states the accident victim will be self insured for the first $10,000 of medical bills, cases have taken differing views. For instance, in Holt v. King, 707 So.2d 1141 (Fla. 4th DCA 1998), the Fourth District held that the injured plaintiff was self-insured for the first $10,000 of medical bills for failing to have PIP benefits (no-fault) as required by law. However, the Second and Fifth Districts have ruled that a plaintiff’s damage award may not be reduced because of failure to obtain PIP coverage. Jedlicka v. Proctor, 724 So.2d 668 (Fla. 2d DCA 1999); Stephens v. Renard, 478 So.2d 1079 (Fla. 5th DCA 1986). The issue has been certified to the Supreme Court of Florida; however there has not been a ruling on the issue. Palm Beach County lies in the 4th DCA, which was where the Holt court resided. A Palm Beach County Court will probably rule with their own decision if faced with this issue again and decide that an injured plaintiff is self insured for the first $10,000 of medical bills for failing to have PIP coverage as required by law.