What is Bodily Injury Liability Coverage?Bodily injury liability insurance in Florida, also known as bodily injury coverage, BI, or BIL, is a type of auto insurance coverage that helps pay for damages and injuries you may cause to others in an accident. In this article, I may use “bodily injury” and “bodily injury liability” interchangeably.

Although some types of insurance coverages are required in Florida, bodily injury liability coverage is optional. Accordingly, not all Florida drivers are carrying bodily injury coverage. However, many Florida drivers choose to carry bodily injury coverage, and drivers often have a $10,000 per person / $20,000 per incident BI policy.

Bodily injury liability coverage in Florida can help pay for things like:

  • Medical Expenses: This includes hospital bills, doctor's visits, and other medical expenses incurred by the other driver or passengers.
  • Lost Wages: If the other driver or passengers are unable to work due to their injuries, bodily injury liability coverage may help compensate injured people for lost wages.
  • Pain and Suffering: Bodily injury liability coverage may also help pay for pain and suffering resulting from the accident.

It's important to note that bodily injury liability coverage only applies to damages and injuries of people who were not at fault for the accident. If you are injured or your vehicle is damaged in an accident you caused, you will need other types of coverage, such as personal injury protection (PIP) or property damage liability coverage (PDL), to cover your own expenses.

How Do You Get Bodily Injury Liability Benefits From An At Fault Driver After An Accident In Florida?

If you have been injured in an accident in Florida that wasn’t your fault, you may be able to receive bodily injury liability benefits from the at fault driver's insurance company. Here are the steps you can take to try to get BIL benefits:

  1. Get Medical Attention: Seek medical attention as soon as possible if you have been injured in the accident. This will help you to establish the extent and nature of your injuries, and to get the necessary medical treatment.
  2. Contact An Attorney: If you are having trouble getting the other driver's insurance company to pay your claim, consider consulting with an attorney who specializes in insurance claims. They can help you navigate the claims process and advise you on the best course of action.
  3. Contact The Other Driver's Insurance Company: Contact the other driver's insurance company as soon as possible to report the accident and your injuries. Provide them with all the necessary details, including the date, time, and location of the accident, and the names and contact information of any other drivers involved. However, if you don’t have an attorney to protect you, be very careful what you say to the insurance company. Try to give them only very basic information because anything you say may be used against you.
  4. File A Claim: File a claim with the other driver's insurance company, providing all the necessary documentation, including medical bills and any other evidence you have gathered. If you are represented by an attorney, the insurance company will be working directly with your attorney and should not contact you.
  5. Go Through The Claims Process: Work with the other driver's insurance company to provide any additional information they may need to process your claim. If you’re represented by an attorney, your attorney will be working your case through the claims process. However, if you attempt to do this without a lawyer, be sure to keep detailed records of all communication with the insurance company, including the dates and times of phone calls and the names of the representatives you speak with.

Remember, this article is about Florida law and Florida insurance. Laws may vary from state to state, and thus it's best to check with your insurance provider or a licensed insurance professional for specific information regarding your coverage and state laws.

What If The At Fault Driver’s Insurance Company Won't Pay Bodily Injury Liability Benefits?

If the at fault driver's insurance company refuses to pay bodily injury liability benefits, there are several steps you can take to try to get the benefits you are owed:

Call A Florida Car Accident Attorney

If you are having trouble getting the at fault driver's insurance company to pay your claim, consider consulting with an attorney who specializes in insurance claims. They can help you navigate the claims process and advise you on the best course of action. An attorney can also protect your rights and keep the insurance company from using untoward tactics to minimize or deny your claim.

Review Your Current Auto Insurance Policy

Check your own insurance policy to see if you have any coverage that can help pay for your damages, such as uninsured motorist coverage or underinsured motorist coverage. If you have UM or UIM coverage, you and your attorney may need file a claim with your own insurance company.

Document Everything

If you talk to any insurance adjusters without an attorney, be sure to keep detailed records of all communication with the insurance company, including the dates and times of phone calls and the names of the representatives you speak with. Keep copies of all documents related to your claim, including medical bills, police reports, and repair estimates.

Pre-Suit Negotiations

Settling a car accident case pre-suit with an attorney in Florida involves negotiating with the other party's insurance company to reach a fair settlement agreement without going to court. This process can save a lot of time and money, but it requires careful consideration of all factors in the case to be sure you get what you’re entitled to.

File A Lawsuit Against The At Fault Driver

Once you and your attorney have exhausted all other options and if you still cannot get the bodily injury liability benefits you are owed, you may consider suing the at fault driver for damages. If you decide to go this route, your attorney will file a lawsuit in civil court against the at fault driver and demonstrate that they were responsible for the accident and resulting damages.

Do At Fault Drivers Get Bodily Injury Liability Benefits In Florida?

In Florida, at fault drivers are not entitled to bodily injury liability benefits from their own insurance company or the driver that wasn’t at fault because bodily injury coverage only applies to damages and injuries caused to others. However, the at fault driver's insurance company is responsible for paying bodily injury benefits to people who are injured by a careless, reckless, or negligent driver.

How Do You Purchase Bodily Injury Liability Coverage In Florida?

If you are interested in purchasing bodily injury liability coverage in Florida, here are the steps you can take:

  • Contact Your Insurance Provider: Reach out to your current insurance provider or agent to ask about adding bodily injury liability coverage to your policy.
  • Review Your Policy: Review your current policy to see if you already have bodily injury coverage. If you do, make sure the coverage limits are adequate for your needs.
  • Determine Your Coverage Needs: Determine how much bodily injury liability coverage you need based on your budget and risk factors such as the number of drivers in your area, the value of your assets, and the likelihood of being involved in an accident.
  • Get Quotes: Request quotes from your insurance provider or other insurance companies to compare rates and coverage options.
  • Purchase The Policy: Once you've selected the bodily injury liability coverage you want, purchase the policy and make sure to keep a copy of your insurance policy and all related documentation in a safe place.

Are You Having Trouble Getting Bodily Injury Liability That You Are Owed?

If you have been injured in a car accident in Florida as a result of a careless or negligent driver, you should speak with an experienced Florida car accident attorney as soon as possible because you may be entitled to compensation. You can contact us online or you can call our Orlando, Florida law office at (321) 352-7588 to schedule your consultation.

If you need a South Carolina car accident lawyer, please don’t hesitate to reach out to us at (843) 638-6590. We have at least one lawyer licensed in Florida, Georgia, South Carolina, and North Carolina.