The Florida insurance regulator states in their consumer guide that if you get into an automobile accident, PIP covers you up to the limits of your PIP coverage, regardless of fault. The “at fault” party is the person(s) determined to be the cause of the accident.

In your example MJ's PIP would cover a child, if that child is a resident of MJ's household, and other resident members of MJ's household. It also covers MJ's child if he or she suffers an injury while riding a school bus. For accidents occurring in Florida, PIP covers MJ and members of MJ's household who do not own a vehicle of their own, certain passengers who lack PIP, and certain licensed drivers who drive MJ's vehicle with permission.

In Florida people riding in your vehicle who carry PIP will receive coverage under their own PIP for their injuries. Your PIP will cover a person injured in your vehicle who otherwise lacks access to PIP or does not own a vehicle. However, your PIP will not cover an injured person who owns a vehicle but lacks PIP.

So MJ's PIP would cover her and any other passenger that were members of her household but in your example would not cover Emily since Emily did have a car registered in FL and thus should have had her own PIP insurance on it to cover her in this accident. If Emily did not own a car and thus had no reason to have insurance so lacked access to PIP (meaning she also did not live in a household where she could be placed on a policy and be covered by PIP) she would have been covered by MJ's PIP.

Since Emily owns and has a car plated and registered in Florida but failed to carry the required PIP coverage she cannot make a claim through MJ's PIP coverage.

You can read about Florida Personal Injury Protection laws in FL Statute 627.736. It notes here in part (Subsection 4(e) then section 4(a)) that the insurer of the owner of a motor vehicle shall pay personal injury protection benefits for accidental bodily injury sustained in this state by any other person while occupying the owner's motor vehicle or, if a resident of this state, while not an occupant of a self-propelled vehicle, if the injury is caused by physical contact with such motor vehicle, provided the injured person is not himself or herself the owner of a motor vehicle with respect to which security is required under ss. 627.730-627.7405.

So in your example since Emily is herself the owner of a motor vehicle with which auto insurance (financial security) is required she should have had her own PIP coverage in place and thus would not be covered by MJs PIP. Emily's lack of keeping the required Florida car insurance on her vehicle caused her to not have PIP of her own to cover her injuries, even that she sustained in someone else's vehicle.

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