Auto Insurance Forum

I had an accident with a semi while driving my fiancée's car. We have been living together for a year, but I wasn't on her insurance policy. The accident was not my fault — a truck cut me off, and I rolled my fiancée's SUV.

We believe the vehicle is totaled, but because I was not on her insurance, they say they may not cover it. I know that the trucking company is ultimately responsible but I do not want to settle with them until I have fully recovered from my injuries, in case I have any permanent damage.

Should I contact a lawyer or try and settle out of court with the trucking company?

William, Florida

Dear William,

Was the truck driver found at fault in this accident? If so, you should file a claim against his insurance company for the damages to your fiancée's vehicle. You will need a copy of the police report in order to do this.

As for your injuries, Personal Injury Protection (PIP) coverage, which is required in Florida, pays for all injuries sustained in a crash regardless of who is at fault. If you have PIP coverage on your own, this is what you should use to pay for your medical expenses. Your fiancée's PIP insurance covers all licensed drivers who use her vehicle with her permission. However, the vagaries of Florida law state that your fiancée's PIP won't cover your injuries if you are supposed to carry PIP coverage on your own (i.e., you own a vehicle in Florida) but do not.

If you decide to make a claim against the truck driver for pain and suffering, I suggest you consult a personal injury lawyer. Consumers rarely know the monetary value of their pain and suffering claims. We have a story titled When to hire a personal injury lawyer, which may be of interest to you.

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