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Who is Exempt from Personal Injury Protection (PIP) Requirements in Florida

Posted by Fred Koberlein, Jr. | Nov 24, 2015 | 0 Comments

Who is Exempt from Personal Injury Protection (PIP) Requirements in Florida?

Although PIP protection is the norm for most drivers throughout Florida, it's not required for every single vehicle. Understanding the difference is important, because if you're driving a car that does need PIP coverage and you haven't obtained it, you might be facing serious risk in the event you, or a passenger, is injured in a Lake City automobile accident.

In short, every owner of a vehicle outside of a taxicab, school bus, or limousine needs PIP coverage in general. There are, however, several exceptions to this. Usually the above three kinds of vehicles have to be bonded and insured in their own capacity, and it's critical to realize that foregoing PIP coverage does not mean it's legal for owners/registrants of these vehicle types to skip coverage altogether. Owners and registrants of these vehicle types must comply with the Florida requirements for these vehicles outside of PIP.

There is a long list of additional vehicles that are additionally not required to have PIP coverage. Review these carefully to determine if your vehicle type meets the definition for an exemption:

  • Motorcycles, which are typically not considered “motor vehicles” as they are not equipped with four wheels. Bear in mind, however, that a three wheeled vehicle has been interpreted as a motor vehicle in the past.
  • Mopeds, which are usually classified as bicycles rather than motor vehicles. However, bear in mind that the definition for PIP coverage relating to a motor vehicle specifically mentions the term “self-propelled”. Courts have interpreted a scooter to meet this definition of “self propelled”. Of course, this opens up a lot of questions about the wide range of scooters, mopeds, and similar vehicles out there and whether they should or should not have PIP coverage. It comes down to the interpretation of the court and the wheels versus self-propelled question.
  • Inoperable vehicles, because Florida requires that owners maintain coverage on vehicles that are driven on the roadways of Florida. In some cases, these vehicles may have PIP coverage that is claimed through a household relative's insurance or the at-fault driver's own PIP coverage.
  • Mobile homes, but there have been interpretations in the past (see Doyle V. Faford 1988) arguing that PIP coverage should have been maintained.
  • Vehicles used for the purposes of mass transit, which includes vehicles intended to transport more than five passengers beyond the operator and mandates that the vehicle be owned by a transit authority, municipality, or subdivision of the state.
  • Vehicles not intended for use on the roads in Florida
  • Out of state motor vehicles that have not been physically in the state for more than 90 days out of the preceding 365 days.

If you have questions concerning your Personal Injury Protection (PIP) or at-fault coveragecontact us at Koberlein Law Offices, PLLC and we will answer your questions free of charge.

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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