REAR ENDED

[hoyafan]

I am an Ohio resident. I was in Florida for a business trip when as a passenger we were rear ended. The at fault party hit us with so much force pushing us into the vehicle in front of us. Needless to say, the at fault party was uninsured.
To make a long story short, I was injured. I understand Ohio personal injury law decently. Unfortunately, I don't know that much about FL statutes.
I have filed a claim with my drivers insurance and my own policy. I would like to know what it takes to have a bodily/personal injury claim in Florida.
I would like to know how both companies will handle this claim as the claim is not from my understanding a PIP (personal injury protection) claim. I have MedPay on my policy paying for some of the bills. I feel I should be entitled to some form of pain and suffering compensation. What do I need to do to get the pain and suffering.
(from what I understand, to have a bodily/personal injury claim, one must have a permanent injury... My doctor informs me that there could possibly be some permanence involved. What should I do? ALL HELP WOULD BE GREAT!!!

 

[Juan Rodriguez]

Since the accident happened in Florida most likely it is the controling state as to how the laws are interpreted and how the different carriers handle the claim.

Since you were a non-Florida-resident passenger in a residents car insured for PIP, and the at-fault party was un-insured you fall under two Florida cases.

Security Ins. Co. v. Howgate, 343 So.2d 641. In Howgate the plaintiff was from out of state and was injured in a Floridians car insured for PIP. Both insurers denied the claim. The court ruled that the Florida coverage was primary and the passengers out of state policy was excess. This means you file the PIP claim with your friends carrier and whatever is not covered can go through yours.

If the driver of the vehicle you were in has UM you can file a claim for pain and suffering without needing a permanent injury. In a Florida Supreme Court decision: Duakis v. State Farm Mutual, 18 Florida Law Weekly S338 which also up-held, State Farm v. Gomez, 605 So.2d 968.
It held that if the at-fault motorist was un-insured the injured person did not have to meet the minimum injury threshold requirements for pain and suffereing.