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QuestionInsurance Question  I was involved in a accident that I caused 10/31/07. The PIP law had sunset in Florida so I had only property damage insurance, and there was a bodily injury involved do I have to have SR-22? Did the FL Financial Responsibility Law apply during this period?

AnswerAuto Insurance Answer

Yes, the Financial Responsibility (FR) law applied even with the no-fault / PIP law had sunset in Florida in 2007. The Florida Responsibility Law in Florida, as described by the FL Driver's Handbook, requires any person to have bodily injury liability insurance at the time of:

  • A crash where you are at fault and injuries have occurred.
  • A suspension for too many points against your driver license.
  • A citation for DUI, which results in revocation.
  • A revocation for Habitual Traffic Offender.
  • A revocation for any serious offense where this department is required to revoke your license.

According to the insurance regulatory body for Florida during the period of time when the no-fault (PIP laws) had sunset, if you did not have Bodily Injury Liability coverage and were found at fault in an accident where the other party involved was injured and they did not have their own PIP or other medical coverages to make a claim for their bodily injuries then they would likely seek resolution for their medical expenses through litigation and the courts.

During the few months that PIP was not required of drivers in Florida if you cause bodily injuries to others and there are not insurance coverages available for that driver to make a claim through then that party could take legal action and sue you. If instead both drivers in the accident would have had PIP coverage than legal precedence was set to allow for the claim to be filed as a no-fault claim, which would have removed some of the ability for lawsuit.

So IF the other person was injured and it was your fault then this accident would fall under tort law if both of you as drivers did not have PIP. If both of you or at least the driver that was injured had PIP then it would be under no-fault. Regardless, the FR law was in effect so you are still responsible for damages to other persons and can be required to obtain and maintain a SR-22 since you did not have bodily injury insurance as part of your car insurance policy.

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