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What is NOT Considered a Vehicle in Florida for PIP Insurance Purposes?

Posted by Fred Koberlein, Jr. | Nov 09, 2015 | 0 Comments

What is NOT considered a vehicle in Florida for PIP Insurance Purposes?

Regardless of where in Florida you are located, it's important to understand how Personal Injury Protection (PIP) laws impact you. Failing to comply with PIP regulations can be a big mistake, but you should also be aware that not every kind of vehicle is required to have PIP to begin with.

There is actually quite a large list of vehicles that are not required to have PIP security on them. The first is motorcycles. This might be surprising to some, but the statutory definition of motor vehicle is one that has four or more wheels. The court case of Scherzer v. Beron upheld this classification that a motorcycle was not a motor vehicle for the purposes of carrying PIP in Florida. Three wheeled vehicles, however, have not been excluded from the definition of motor vehicle in every single case. Mobile homes are also excluded from the requirements related to PIP, although, there can be rare exceptions in these cases as well.

A Moped is another type of vehicle that is not required to maintain PIP coverage since they are frequently considered bicycles and not motor vehicles. In some cases, however, certain vehicles like scooters could be classified as “self-propelled” vehicles. In these situations, it often comes down to the horsepower of a vehicle in determining whether PIP coverage must be maintained.

Mass transit vehicles are another exception. If the vehicle is designed to transport more than five passengers outside of the operator and the motor vehicle is owned by a transit authority, political subdivision of the state, or a municipality, the vehicle meets the definition of being used for mass transit. However, there can be questions of fact related to how to meet these definitions.

Inoperable vehicles and vehicles not for use on the road in Florida are another category that meets the exception rule. In Florida, owners of motor vehicles that are intended for road use within the state are responsible for having insurance on those vehicles. In many instances the individual may be able to claim PIP coverage through the insurance of the vehicle the claimant was in, a household relative's insurance, or the at-fault driver's PIP.

These cases can come down to the finer details in terms of classifying whether a vehicle was required to have insurance or not. It's important to understand when PIP coverage is required and when a vehicle is exempted from having to carry insurance. Making this distinction can be critical for Florida personal injury cases.

About the Author

Fred Koberlein, Jr.

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.

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