According to the insurance laws in Florida injuries in an accident are normally covered under your Personal Injury Protection (PIP), regardless who was at fault in the accident.
Personal Injury Protection is sometimes referred to as "no-fault" insurance. It covers you and relatives residing in your household for injuries sustained in an automobile accident regardless of who is at fault. A basic PIP policy covers pay 80% of reasonable and necessary medical bills, 60% of lost wages, and includes a $5,000 death benefit, up to a limit of $10,000.
Members of your household who do not own a vehicle are typically covered by the your (the parent's) PIP coverage, depending on your policy or the circumstances. If your insurance company is stating that they need to use your PIP for your son's injuries it would seem that is how your PIP policy is set up for the injuries to be covered.
Since PIP covers only 80 percent of medical expenses, if you have Medical payments coverage it could cover the remaining 20 percent, and possibly the PIP deductible, depending on the policy provisions. Medical payments will also cover the amount in excess of the PIP limit, up to the limit of the medical payments benefits.
If you do not have medical payment coverage, you may be able to put a claim against the at-fault person's bodily injury policy, if they have one. For more information on how Florida insurance policies you can read our articles titled Florida No-Fault Insurance and Optional Auto Insurance Coverages in Florida.
You may also get consumer help from the Florida Department of Financial Services, the insurance regulatory body for FL.
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