Florida Car Accidents: Liability of Drivers in Your Household

JodatMarch 7, 2016

Florida Car Accidents

There are almost always more than one licensed driver in a household, even where there is only one vehicle. If you are the owner, you need to be covered for any liability arising from the use of that vehicle such as Florida car accidents, by the other members of your household. This article explains how your auto insurance coverage can be extended to cover liability for other drivers in your household.

Liability for the Action of Others in General

In Florida, the owner of a vehicle is liable for the damages caused by another driver of his vehicle if:

1. He voluntarily lets the person use his car;
2. That person drives negligently; and
3. Causes injury to someone.

The injured party may then seek to recover damages from both the driver and the owner of the vehicle.

For example, let’s say John permits Jason to use his car. Jason then runs a stop sign and hits Mike who suffers damage to his vehicle and a broken arm. Mike then has a personal injury claim against both John (the owner of the car) and Jason

In Florida, as it is in other states, your motor vehicle insurance follows your vehicle, not the driver. Whenever you let another person drive your vehicle and he or she causes injury to another, your insurance policy will be the primary policy and cover all liability. However, if your insurance policy is insufficient to cover the entire claim, the driver’s insurance, if any, will kick in to cover the rest, up to the limits of his or her policy.

Liability for Accidents Caused by Members of Your Household

No two insurance policies are the same, but insurance coverage can generally be extended to cover other members of your household in the following way:

1. The state’s minimum insurance requirements must first be met: In Florida, this means at least $10,000 in personal injury protection (PIP) and $10,000 property damage liability (PDL).
2. The insurance policy must be in your name (the owner).
3. Coverage will be extended to anyone in your household who is at least 16 years of age, has a valid driver’s license, and is listed on the policy.
4. There is no requirement to list anyone in your household who is not fully licensed to drive.
5. You may exclude anyone in your household from coverage by filing an “exclusion” form with your insurance carrier.

Precisely who qualifies as a member of your household can vary from provider to provider. But in general, anyone who lives with you and uses your car on a regular basis will be considered a household member for insurance purposes. This includes your immediate and extended family, as well as any roommates or boarders who use your car frequently.

Many insurers will require you to include everybody in your household who is old enough to legally drive. But, as mentioned above, you may usually exclude anybody whom you choose, for whatever reason. However, unless you are absolutely sure that the excluded person(s) will not be driving your car, this is a bad idea.

If you neglect to list a member of your household, and they injure themselves, a passenger, pedestrian, or other motorist while driving your car, your insurer may refuse to cover your liability. Furthermore, the insurer may refuse to cover your liability arising from any Florida car accidents caused by an individual for whom you have filed an exclusion form.

That being said, you are often allowed to temporarily extend coverage to persons who are not members of your household. For example, to a friend or family member who will be staying with you for a short time. Once you notify your insurer that this person will be using your car during their stay, you will be covered for any liability that arises as a result of his or her use of your vehicle.

Jodat Law Group | Florida Car Accident Lawyers

For more information about liability for other drivers in your household, we encourage you to give us a call one of our offices. Jodat Law Group is a personal injury law firm serving Florida car accidents cases in Bradenton, Sarasota, Tampa and Venice. To schedule a free consultation with one of our experienced attorneys, please contact us today.