As a Pedestrian Hit by a Car in Florida, Which Insurance Pays for What?

When a car hits you while you’re walking in Florida, the first insurance that pays your medical bills is usually your own PIP policy or that of a relative who lives with you, not the driver’s. Florida law sets this order clearly, and it matters because many drivers carry no bodily injury coverage at all. If you have uninsured motorist (UM) coverage on your own policy, it may become your best source of compensation for serious injuries, lost wages beyond PIP, and pain and suffering, if you meet Florida’s permanent injury threshold.

Which PIP policy actually pays when I was on foot, not in a car?

Florida’s Personal Injury Protection (PIP) coverage follows you as a person, not just as a vehicle occupant. If you were hit while walking, your own auto insurance PIP pays first. If you don’t own a car but live with a relative who does, their PIP policy covers you next. Only if neither you nor any household member has auto insurance does the PIP from the car that struck you apply, and even then, only if you are a Florida resident. This is set by Florida Statute § 627.736(4)(e).

PIP pays 80 percent of reasonable medical bills and 60 percent of lost wages, up to $10,000, but only if a doctor documents an emergency medical condition, and initial treatment must happen within 14 days of the crash. Without that diagnosis, the cap drops to $2,500. Miss that 14-day window entirely, and PIP pays nothing, even if you paid premiums for years. In Hialeah, where multiple adults often share one insured vehicle, a pedestrian family member may rely on that single household policy for initial coverage. Learn more about Florida’s 14-day PIP rule.

What if the driver who hit me has no bodily injury insurance, which is common in Miami-Dade?

Florida does not require private-passenger drivers to carry bodily injury liability coverage. Under Florida Statutes §§ 627.733 and 324.022, a driver only needs $10,000 in PIP and $10,000 in property damage liability to register a vehicle. That means many legally registered drivers have zero bodily injury coverage to pay for your hospital bills, lost income beyond PIP, or pain and suffering.

This is especially relevant in Miami-Dade, where a meaningful share of drivers operate with no bodily injury insurance. When that happens, your PIP runs out fast, after $10,000, and there’s no at-fault driver policy to turn to for the rest. That gap is precisely why your own uninsured motorist (UM) coverage becomes critical. Without it, you could be left with unpaid medical debt and no recourse for long-term losses. Explore options if you’ve been hit by an uninsured driver in Miami-Dade.

Does my own uninsured motorist coverage pay me even though I was walking, not driving?

Uninsured motorist (UM) coverage is optional in Florida but must be offered by insurers and can only be waived with a written, signed rejection by the policyholder under Florida Statute § 627.727. If you or a household member has UM coverage, it may pay for your losses when the at-fault driver has no bodily injury insurance, or not enough.

Whether your UM policy covers you as a pedestrian depends on the specific language in your contract. Some policies extend UM benefits to named insureds and resident relatives whether they’re in a car, on a bike, or walking. Others may limit coverage to vehicle occupants. You’ll need to review your policy or speak with an attorney to confirm. In Hialeah households with multiple insured cars, stacked UM coverage, allowed under § 627.727(9), can multiply available limits. For example, two vehicles with $100,000 in stacked UM each provide up to $200,000 in coverage. UM can cover the 20 percent of medical costs PIP doesn’t pay, the 40 percent of lost wages PIP skips, and, if you meet the permanent injury threshold, pain and suffering.

Can I get paid for pain and suffering, or just medical bills?

PIP and UM both cover economic losses like medical bills and partial wage loss. But to recover for pain and suffering, mental anguish, or loss of enjoyment of life from the at-fault driver, or through your own UM policy, you must meet Florida’s “permanent injury threshold” under Florida Statute § 627.737(2).

That means proving one of four things: (1) a significant and permanent loss of an important bodily function, (2) a permanent injury within a reasonable degree of medical probability, (3) significant and permanent scarring or disfigurement, or (4) death. Broken bones are not required. Chronic back pain after a fall, a persistent concussion, or a worsened pre-existing knee condition can qualify if properly documented by a treating physician. Insurers routinely dispute these claims, so early medical evaluation and consistent treatment matter. This threshold applies equally whether you pursue the driver’s liability policy or your own UM coverage.

Are there other places to look for money beyond PIP and the driver’s policy?

Yes. Even if the driver has minimal or no insurance, other parties may share responsibility. If the driver wasn’t the car’s owner, the owner may also be responsible for the driver’s negligence under Florida’s dangerous instrumentality doctrine, with limits set in some cases by Florida Statute § 324.021(9)(b), or for negligent entrustment, such as lending it to someone they knew was reckless or unlicensed.

If the driver was working at the time (for example, making deliveries for their employer), the employer may be liable under respondeat superior. If the driver was logged into a rideshare app, the rideshare insurance required by Florida Statute § 627.748 may apply. And if the driver was drunk, a bar or restaurant that willfully and unlawfully served alcohol to a minor or someone habitually addicted to alcohol could face dram shop liability under Florida Statute § 768.125, though these cases require strong evidence beyond just proof of service.

Finally, Florida uses modified comparative negligence under Florida Statute § 768.81. If you were jaywalking or partially at fault, your recovery is reduced by your percentage of fault, but you can still recover as long as you are 50 percent or less at fault. Being outside a crosswalk does not automatically kill your claim. See how this applies in a real Hialeah scenario: hit crossing W 49th Street outside a crosswalk.

Side-by-side: what each coverage pays, when it pays, and whether fault matters

Coverage Type	What It Pays	When It Triggers	Does Fault Matter?
Your PIP or household relative’s PIP	80% of medical bills, 60% of lost wages; up to $10,000 (with emergency medical condition) or $2,500 (without)	Always first for Florida residents; requires treatment within 14 days	No, pays regardless of fault
Striking vehicle’s PIP	Same as above	Only if you and all household relatives lack auto insurance	No, PIP is no-fault
Driver’s bodily injury (BI) liability	Medical bills, lost wages, pain and suffering beyond PIP	Only if driver carries BI coverage and is at fault	Yes, requires driver fault
Your UM / household UM	Remaining medical costs, uncovered wages, pain and suffering (if permanent injury threshold met)	When at-fault driver has no or insufficient BI coverage	Yes, the uninsured driver must be legally at fault; pain and suffering also requires the permanent injury threshold
Stacked UM	Multiplied UM limits across multiple insured vehicles in household	Same as UM, but only if stacking was elected	Same as UM
Vehicle owner / employer / dram shop	Varies by party	Owner (lent or entrusted the car), employer (on-duty driver), or vendor (willful, unlawful service to a minor or a known habitual drinker)	Yes, fault must be proven

Frequently asked questions

I don’t own a car and have no insurance, does that mean I get nothing after being hit by a driver?
No. If you live with a relative who has auto insurance, their PIP and possibly their UM coverage may cover you. If no household policy exists, the striking vehicle’s PIP applies as a last resort for Florida residents.

The driver who hit me only has PIP and no bodily injury insurance, is my case over?
Not necessarily. If you or a household member has uninsured motorist (UM) coverage, it may pay for your remaining losses. UM can cover medical bills beyond PIP, extra lost wages, and pain and suffering if you meet the permanent injury threshold.

I was jaywalking when I got hit. Can I still make a claim?
Yes. Florida uses comparative negligence, so you can still recover as long as you are 50 percent or less at fault. Jaywalking reduces your recovery by your share of fault but doesn’t eliminate it entirely.

How long do I have to file a lawsuit after being hit by a car as a pedestrian in Florida?
You generally have two years from the date of the crash to file a personal injury lawsuit for incidents occurring on or after March 24, 2023, under Florida Statute § 95.11. Crashes involving government vehicles also require written notice to the agency before suing.

Can a bar or restaurant be held responsible if a drunk driver hit me?
Possibly, but only under narrow conditions. Florida’s dram shop law (§ 768.125) requires proof the vendor willfully served alcohol to a minor or someone they knew was habitually addicted, not just that the driver was intoxicated.

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.