Does Insurance Follow the Car or Driver in Florida?

September 13, 2023 | By Frankl Kominsky Injury Lawyers
Does Insurance Follow the Car or Driver in Florida? One question about car accidents in Florida often arises: Does insurance follow the car or the driver? It’s an important distinction, as it can have significant implications for vehicle owners and those who borrow cars. This blog post will explore the topic and uncover how auto insurance works in the Sunshine State. So, grab a cup of coffee, buckle up, and let’s hit the road to discover all there is to know about car insurance coverage in Florida!

Car or Driver?

In sunny Florida, auto insurance spotlights the vehicle itself rather than the person behind the wheel. So, if you lend your car to a friend or family member and an accident occurs, rest assured that your insurance coverage will usually kick in, regardless of who was driving at the time. It’s like having a trusty co-pilot– always ready to protect your prized possession. This concept, known as “insurance follows the car, ” provides reassurance when sharing vehicles with others. Whether you’re borrowing a friend’s convertible for a weekend getaway or letting someone use your reliable sedan for their daily commute, knowing that insurance coverage remains intact can alleviate some pre-drive jitters. Of course, there are important caveats to consider. While generally speaking, lending your car doesn’t pose major issues regarding insurance coverage, specific situations may call for closer examination. Keep reading to discover some key nuances in Florida’s auto insurance landscape!

Nuances To This Concept

Regarding auto insurance in Florida, there’s a general rule that the coverage follows the vehicle rather than the driver. But hold on because things can get a little more complicated than that! It’s crucial to understand some nuances surrounding this concept. There is something called “permissive use.” If you permit someone to borrow your car and they end up in an accident, your insurance coverage should generally apply. So before lending your wheels, trust the person behind the wheel! However, be aware of excluded drivers. Some insurance policies allow you to specifically exclude certain individuals from being covered under your policy. If one of these excluded drivers gets into an accident while using your car, your insurance may not cover any damages or liabilities. Understanding these nuances will help ensure comprehensive protection regarding accidents involving borrowed vehicles. Always review your policy and consult your insurance provider for details regarding coverage limitations and requirements in different situations.

Permissive Use

Have you ever lent your car to a friend or family member? Maybe they needed to run an errand or borrow it for a weekend getaway. In Florida, most insurance policies have this concept called “permissive use.” Your insurance coverage should generally apply if you permit someone to use your car. So, what does this mean for you as the vehicle owner? If the person you lend your car to gets into an accident, your insurance policy would typically provide coverage. This can be a relief knowing that even if someone else is behind the wheel, there’s still some protection.

Excluded Drivers

Some insurance policies allow you to exclude certain drivers from your coverage. This means that if there is a specific driver whom you do not want to be covered by your insurance when using your car, you can exclude them from the policy. However, it’s important to remember that your insurance may not cover the damages if an excluded driver gets into an accident while driving your car. Excluding drivers is typically to reduce risk and potentially lower premiums. If you have concerns about a particular individual’s driving history or habits, excluding them from your policy might seem sensible. However, it’s crucial to thoroughly review the terms and conditions of your insurance before making any decisions regarding exclusions.

Primary Coverage

When you lend your car to someone, it’s natural to wonder how insurance coverage works. In Florida, the general rule is that auto insurance follows the vehicle rather than the driver. However, there are some exceptions and nuances that come into play. One important aspect to consider is primary coverage. If the person borrowing your car has their insurance policy, your policy would typically provide primary coverage in case of an accident. If a claim is filed, your insurance will pay out first. It’s important to note that this applies as long as you have permitted them to use your car.

Uninsured/Underinsured Motorist Coverage

If the driver who borrows your car is in an accident with an uninsured or underinsured motorist, you may wonder what happens next. Well, here’s some good news: your insurance policy’s uninsured/underinsured motorist coverage can come to the rescue! This additional coverage can help protect you and provide financial assistance if the other driver lacks insurance. Let’s say someone borrowed your car, and they get into a collision with a driver who doesn’t have insurance. In this situation, your policy would kick in to cover the damages beyond what the other driver’s insurance can pay for. It acts as a safety net, ensuring you’re not left footing the bill for someone else’s mistake.

Liability Concerns

Liability concerns can arise when it comes to car accidents and insurance coverage in Florida. While it’s true that your insurance typically follows the vehicle, there is a potential risk if the driver’s actions result in an accident that exceeds your policy limits. In such cases, you, as the vehicle owner, could be liable for any excess damages. If someone borrows your car and their actions lead to a significant accident with substantial damages, you may be responsible for paying those additional costs out of pocket. It’s crucial to consider this scenario when allowing others to use your vehicle. Understanding the limitations of your insurance coverage and assessing potential risks can help protect you from unexpected financial burdens in case of an accident exceeding your policy limits.

Review Your Insurance Policy 

When it comes to auto insurance in Florida, understanding the specifics of your policy is crucial. Reviewing your insurance policy and discussing specific situations with your provider can help you fully comprehend how coverage works in your particular case. Taking the time to review your policy ensures that you are aware of its terms and conditions. Each insurance policy may have different provisions regarding permissive use, excluded drivers, primary coverage, and uninsured/underinsured motorist coverage. By familiarizing yourself with these details, you can avoid potential misunderstandings or surprises if an accident occurs while someone else is driving your car. Discussing specific situations with your insurance provider allows you to gain clarity on how certain scenarios would be handled under your policy. They can answer any questions about liability concerns or other issues related to accidents involving borrowed vehicles.

Hire an Experienced Port St. Lucie Car Accident Lawyer

When it comes to car accidents in Florida, understanding how insurance coverage works is crucial. While auto insurance generally follows the vehicle rather than the driver, there are important factors to consider. Remember that permissive use allows coverage for drivers with your permission, but excluding certain drivers can void coverage.  If you’re in Port St. Lucie, Florida, and require assistance with a car accident claim, don’t hesitate to seek help from a car accident lawyer in Port St. Lucie, Florida. Frankl Kominsky’s Car Accident Lawyers are here for you and ready to guide you through the complex process of filing a claim and fighting for fair compensation. To start your case today, call one of our knowledgeable attorneys serving Port St. Lucie at (561) 800-8000. We understand the stress and challenges of car accidents – let us handle the legal aspects so that you can focus on healing and moving forward.

Legally Reviewed By: Steven L. Frankl

Steven L. Frankl represents clients in cases of catastrophic injury, wrongful death, motor vehicle accidents, trucking accidents, medical malpractice, and product liability, as well as slip/trip fall accidents and nursing home neglect. Mr. Frankl’s practice is built on the pursuit of justice and fair compensation for his clients.

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