Reader’s Question:

I got into an accident while I was driving my fiancé’s car. We’ve been living together for a year, but I’m not yet added to her insurance policy yet. It was not my fault. A truck cut me off, and I rolled my fiancé’s SUV. I believe the car is totaled, what will happen now? I know that the trucking company should be responsible ultimately but I do not want to go through the settlement process. I have not yet fully recovered from my injuries. Do you think I need to contact a lawyer? Or try and settle out of court with the trucking company?

Daniel

Fort Lauderdale, FL

If the truck driver was found to be at fault in this accident, then you should file a claim against his insurance company for the damages to your fiancé’s vehicle. In order to do this, you need a copy of the police report.

It’s seems that you’ve been seriously injured. In, FL, policyholders are required to carry Personal Injury Protection (PIP) coverage which pays for all injuries sustained in an accident regardless of who is at fault. This is the insurance coverage that you should use to pay for your medical expenses if you have PIP coverage on your own. Your fiancé’s PIP insurance covers all licensed drivers who use her vehicle with her permission. However, the vagaries of Florida law state that your fiancé’s PIP won’t cover your injuries if you are supposed to carry PIP coverage on your own (for example you own a vehicle in Florida) but do not.

Contacting your insurance agent or your insurance company in Fort Lauderdale, is the primary thing you need to do in order to know the language of your policy terms. I would suggest consulting a personal injury lawyer if you decide to make a claim against the truck driver for the pain and suffering you received after the accident. Insurance claimants rarely know the monetary value of their pain and suffering claims.