Who is Exempt from Personal Injury Protection (PIP) Requirements in Florida?
Although PIP protection is the norm for most drivers throughout Florida, it's not required for every single vehicle. Understanding the difference is important, because if you're driving a car that does need PIP coverage and you haven't obtained it, you might be facing serious risk in the event you, or a passenger, is injured in a Lake City automobile accident.
In short, every owner of a vehicle outside of a taxicab, school bus, or limousine needs PIP coverage in general. There are, however, several exceptions to this. Usually the above three kinds of vehicles have to be bonded and insured in their own capacity, and it's critical to realize that foregoing PIP coverage does not mean it's legal for owners/registrants of these vehicle types to skip coverage altogether. Owners and registrants of these vehicle types must comply with the Florida requirements for these vehicles outside of PIP.
There is a long list of additional vehicles that are additionally not required to have PIP coverage. Review these carefully to determine if your vehicle type meets the definition for an exemption:
- Motorcycles, which are typically not considered “motor vehicles” as they are not equipped with four wheels. Bear in mind, however, that a three wheeled vehicle has been interpreted as a motor vehicle in the past.
- Mopeds, which are usually classified as bicycles rather than motor vehicles. However, bear in mind that the definition for PIP coverage relating to a motor vehicle specifically mentions the term “self-propelled”. Courts have interpreted a scooter to meet this definition of “self propelled”. Of course, this opens up a lot of questions about the wide range of scooters, mopeds, and similar vehicles out there and whether they should or should not have PIP coverage. It comes down to the interpretation of the court and the wheels versus self-propelled question.
- Inoperable vehicles, because Florida requires that owners maintain coverage on vehicles that are driven on the roadways of Florida. In some cases, these vehicles may have PIP coverage that is claimed through a household relative's insurance or the at-fault driver's own PIP coverage.
- Mobile homes, but there have been interpretations in the past (see Doyle V. Faford 1988) arguing that PIP coverage should have been maintained.
- Vehicles used for the purposes of mass transit, which includes vehicles intended to transport more than five passengers beyond the operator and mandates that the vehicle be owned by a transit authority, municipality, or subdivision of the state.
- Vehicles not intended for use on the roads in Florida
- Out of state motor vehicles that have not been physically in the state for more than 90 days out of the preceding 365 days.
If you have questions concerning your Personal Injury Protection (PIP) or at-fault coveragecontact us at Koberlein Law Offices, PLLC and we will answer your questions free of charge.