Before you hand your keys to anyone in Florida, stop and think: Are they licensed? Are they insured? Are they on your policy? Because once the crash happens, you can’t take that back, and you may be the one left paying for it.
“What happens if someone else is driving my car and gets into an accident in Florida?” That’s a question a lot of people don’t think about until it’s already happened.
In Florida, the insurance is not per se driver but car-based. This implies that your insurance gets hit, more often than not, the first time, even without your being in the driver’s seat. And say your car gets wrecked courtesy of your friend, and chances are that your insurance will cover it and not the friend. However, this brings up many questions to be answered, and all of them will be answered below.
Step 1: What to Do Right After the Crash
When someone causes an accident in your automobile, the first actions he or she takes are very significant. According to the Florida law (Section 316.065), any accident that resulted in any injury, death, or even a mere 500 dollars in property damages should be reported by the person involved in the accident to law enforcement at once.
When it has not been reported, and the police have not arrived, the driver is supposed to fill out a form known as a Driver Report of Traffic Crash (Self Report) or an exchange of information and submit it to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). They can do it online or mail it in.
Missing a qualifying crash will have its way with you or the driver both legally and monetarily.
Step 2: Dealing with Insurance (Yours and Theirs)
In Florida, when someone drives your car and crashes it, your insurance usually covers it because your policy follows the vehicle. That means:
- Your Personal Injury Protection (PIP) will cover injuries (up to $10,000 per person), even if you weren’t in the car.
- Your Property Damage Liability (PDL) will cover damage to other people’s property, like their vehicle or a fence.
In case of having Collision Coverage, it may assist in repairing your own vehicle damages; however, with the condition that you are going to pay your deductible first.
In case the driver is a party with his or her own insurance, then his or her policy may also come into play, but still after they exhaust the liability limits on your policy. This is referred to as secondary coverage, and it only comes into action in circumstances where your coverage is not sufficient to compensate for all the damages.
An exception here: when an unauthorized driver was at the wheel, or no one listed on your policy was at the wheel, your insurance company may deny them the crash completely.
When the Accident Involves Injuries
In case a person has been hurt in the crash, and fault has been determined to be on the side of the driver, everything is more complex. Here Florida Financial Responsibility Law comes into play. In case the driver lacked full liability insurance when the crash occurred, the state might force him or her to:
- Purchase and carry no less than 10k/$20k bodily injury liability and 10k property damage.
- Submit an SR-22 form (a special insurance certificate) to the state, which lasts up to three years.
- Pay a reinstatement fee (usually $15).
- Or, they’ll have to settle financially with the injured party or deposit a specific amount of money with the state as security.
In short, if your friend wasn’t properly insured and seriously hurt someone, it can turn into a legal mess. And you, as the car owner, could still be pulled into it depending on the situation.
When There Are No Injuries, Just Property Damage
This might sound less serious, but don’t be fooled. If someone hits another car, or a fence, or a pole, and there’s damage over $500, and they’re at fault, they’re still legally required to have at least $10,000 in PDL coverage and $10,000 in PIP coverage. If they don’t, the state could:
- Require them to settle damages with the other party or post a financial deposit.
- Force them to buy proper insurance or surrender your car’s plates and registration.
- Charge a reinstatement fee that ranges from $150 to $500.
So even if no one was hurt, this can turn into a financial burden if the person driving wasn’t adequately insured.
Conclusion
It is very serious when it comes to owning a vehicle under Florida law. When a person using your car hurts somebody, the law may sue you even in your absence.
You can even be charged with a second-degree misdemeanor and be asked to leave your car with someone who is not a licensed and insured driver. That is imprisonment, probation, and fines of up to 500 dollars.
Incidentally, should the driver be a member of your household and drive your car at least a dozen or so times a year, you should insure him or her as a named driver on your policy.
Failing to do so can be considered insurance fraud.
On the flip side, if you don’t want someone covered, you can officially exclude them, but you’d better make sure they never get behind the wheel.