Why are we using my insurance when the accident was not my fault?

A:

In Florida, even if you are involved in an auto accident that was caused by the other driver, you still file a claim for personal injury protection benefits, or PIP. This is what is referred to as "no-fault" insurance.  According to Florida statutes, your insurance company is required to pay 80 percent of your reasonable, related and necessary medical bills and 60 percent of any lost wages up to $10,000 regardless of who was at fault.  This is simply the system we have in Florida, and for those benefits you must file a claim with your own insurance company.  The other driver's insurance company is not responsible for those damages (but they are responsible for any damages in excess of what your PIP pays).

You also can file a claim against your own insurance company if the at-fault driver is uninsured or underinsured if you have paid a premium for UM coverage.  If you have UM coverage on your policy, then you will have a claim against your own insurance company if the at-fault driver doesn't have bodily injury coverage, or if they don't have enough coverage to fully compensate you for your injuries.  If you have been paying extra premiums for UM coverage then this is exactly the situation you would want to make a claim on your own policy.