Author Archives: Stephen Mellor

Relocation For Military Personnel Might Be An Order, But What About Vehicle Registration and Insurance?

During holidays such as Memorial Day and Independence Day, our nation pays tribute to all of our men and women, both past and present, serving in the Armed Forces. We look forward to celebrating with family and friends as we honor our military personnel and their service to this Country.

One of the things military personnel are likely to endure is moving their homes and bouncing around the Country or overseas to do their duty. These individuals often own motor vehicles and drive them across state lines to where they are newly stationed. Others are overseas for months, if not years, and have motor vehicles back at home that are not being used and are often garaged until their owners return.

So is a member of the military who is a Florida resident responsible for maintaining the registration and minimal automobile insurance on their vehicle when they are stationed out of the Country?

The answer to that is no, but be careful. Florida law makes an owner or registrant of a motor vehicle exempt from such registration and insurance requirements if a member of the United State Armed Forces is called to or on active duty outside the United States in an emergency situation. The exemption applies only as long as the member of the Armed Forces is on active duty outside the United States and applies only while the vehicle covered by the security required under Florida law is not operated by any person. However, the military insured must make a written request for this exemption and the insurer shall cancel the coverages and return any unearned premium or suspend the security required.

What does this mean? Well, the subject motor vehicle cannot be driven on the roads and highways of Florida during the time this exemption is in place. As such, if that military insured has leave and comes back to Florida, then they cannot operate that vehicle unless they renew the minimum insurance and their registration, if expired. Additionally, other individuals cannot drive that vehicle when that military insured is deployed. This can get tricky due to the fact that the worst thing that can happen to a motor vehicle is letting it sit idle for a long period of time. This can cause condensation in the fuel, carburetor issues, flat tires and other mechanical problems.

To be safe, advise everyone you know that may have access to the vehicle that it cannot be operated on the streets or highways of Florida until it is re-registered and insured. Putting a lock on the vehicle’s steering wheel or a note in the window as a reminder may also be a good practice. This does not mean you cannot start the vehicle and let it idle, it just means you cannot take it out for a drive. If you do, the driver/owner of the vehicle would become self-insured and could possibly be cited for failure to have the required insurance on the vehicle. Sorry neighbors, no favors to borrow the car for a quick trip to the market… That run for milk can leave the vehicle owner in a stale situation.

Now Florida residents are generally required every year to renew the registration on their vehicles.

However, is a member of the Armed Forces, who is a resident of another State and is ordered to be stationed in Florida, required to register their personal vehicle in Florida and maintain the minimum Florida insurance on that vehicle if they want to drive that vehicle on the roads and highways of Florida?

The answer is no. Any motor vehicle or mobile home owned by, and operated exclusively for the personal use of, any member of the United States Armed Forces who is not a resident of Florida and who is stationed in Florida while in compliance with military or naval orders, are exempt from registering and insuring their personal vehicle in Florida during that time as long as it is registered and insured in accordance with the laws of their home State.

Now the military insured may want to renew their registration and obtain the minimum Florida insurance if they know that they will be stationed in Florida for a long period of time. However, they are not required to do so as long as they have military orders keeping them stationed in Florida. Consequently, this means that the military insured will only get the benefit of the coverage’s that are available under their insurance policy and would not qualify for additional Florida Personal Injury Protection coverage benefits if they are in a motor vehicle accident in the State.

There are certain insurers that cater to the Armed Forces personnel. However, there are other insurance options for these individuals based on the competition between insurers. Thus, insurance agents and adjusters should become knowledgeable about the insurance exemptions provided to the Armed Forces personnel so to better service these special clients.

This article is not intended to create an attorney-client relationship by offering this information, and anyone’s review of the information shall not be deemed to create such a relationship. The content provided is intended to provide information of general interest to the public and is not intended to offer legal advice about specific situations or problems. You should consult a lawyer with regard to specific legal issues that require attention.

For additional information, please contact Stephen Mellor of Roig Lawyers at 954-354-1541 or by email at smellor@roiglawyers.com. Stephen G. Mellor is a partner in the Deerfield Beach office of Roig Lawyers who primarily focuses on out-of-state policy claims for insurance carriers. 

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Filed under auto insurance, FL Legislation, Florida, Insurance, Insurance Claims, Insurance Defense

Sunny South Florida, Out-of-State College Students and the question of Vehicle Insurance Coverage

Spring Break, a time where college students from all over the Country flock down to Florida, known by many as the “Spring Break Capital of the World”, looking to have some fun in the sun.

Florida has many Universities, Colleges and other institutions of higher learning that welcome students from other States to attend.

So the question is, does an out-of-state student who attends University or College in Florida for 2 or 4 years now become a resident of Florida because they have decided to live in Florida during this time? Is that out-of-state student now required to register and license their out-of-state vehicle in Florida and obtain the minimum Florida automobile insurance coverage on that vehicle which is $10,000.00 in Personal Injury Protection and $10,000.00 in Property Damage Liability?

Well yes and no.

If the out-of-state student is planning to domicile themselves in Florida then they are required to license their vehicle in Florida and obtain the minimum insurance in order to operate that vehicle on the roads and highways of the State.

However, if the student maintains their residence in another State while they are enrolled as a full-time student in an “institution of higher learning”, then they are exempt from licensing their vehicle and obtaining the minimum insurance on that vehicle during the duration of their enrollment, as long as they have complied with the licensing and insurance requirements of the State for which they are a resident. One less thing for parents to worry about when they watch their babies leave the nest for the first time.

However, what constitutes an “institution of higher learning”.

The Merriam-Webster Dictionary® defines this term as “a college or university”. But what about a trade school, vocational school or cosmetology school? The Federal Government generally defines an ”institution of higher education” as a public or nonprofit educational institution who only admits students who have a high school diploma or have a recognized equivalent certificate such as a General Educational Diploma (GED); is accredited or has pre-accreditation status; awards a Bachelor’s Degree or a 2-years Associates Degree; or, any school that provides not less than a 1-year training program beyond High School, to prepare students for gainful employment in a recognized occupation.[1]

These are inquiries that an insurance company must properly investigate in an automobile accident claim involving a nonresident student in order to determine whether they would be exempt from maintaining the minimum Florida insurance on their vehicle while in Florida or if the insurer may be required to extend that student the minimum insurance under Florida law.

So would your insured qualify for the exemption as a nonresident student?

This article is not intended to create an attorney-client relationship by offering this information, and anyone’s review of the information shall not be deemed to create such a relationship. The content provided is intended to provide information of general interest to the public and is not intended to offer legal advice about specific situations or problems. You should consult a lawyer with regard to specific law issues that requires attention.

For additional information, please contact Stephen Mellor of Roig Lawyers at 954-354-1541 or by email at smellor@roiglawyers.com. Stephen G. Mellor is a partner in the Deerfield Beach office of Roig Lawyers who primarily focuses on out-of-state policy claims for insurance carriers. 

[1] 20 U.S. Code § 1001

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Filed under auto insurance, Claims Handling, Florida, Insurance, Insurance Claims, Insurance Defense, Personal Injury Protection, PIP, PIP/No Fault

Will You Have Coverage When You Cross The Line?

Is an automobile insurance company required to extend Florida Personal Injury Protection (PIP) benefits to an insured who resides in another state?

Well yes and no.

An automobile insurer who sells automobile insurance policies in Florida and the nonresident insured’s state is required to extend the minimum Florida Personal Injury Protection (PIP) benefits of $10,000.00 to the insured if they are involved in a motor vehicle accident in Florida, but only if they qualify under Florida law.

To qualify, the nonresident insured’s vehicle must have been physically located in Florida for 90 nonconsecutive days out of the previous 365 days from the date of the accident. By nonconsecutive days, it means that the insured vehicle could leave Florida and re-enter and still qualify for Florida PIP benefits if the vehicle has been in Florida for longer than 90 days throughout that preceding year.

An insurer is not required to extend the $10,000.00 in Florida PIP benefits to a nonresident insured whose vehicle is not in Florida for longer than 90 nonconsecutive days out of the previous 365 days from the date of the accident.

Most if not all automobile insurance policies have an “Out-of-State Coverage” provision which will detail that insurer’s obligation to comply with a State’s minimum insurance requirements if their nonresident insured becomes subject to the insurance laws of that State. However, some insurance contracts make it the responsibility of the nonresident insured and not the insurer to purchase the required minimum Florida PIP coverage if they plan to stay in Florida for longer than 90-days.

An insurer is not required to extend additional Florida PIP benefits to a nonresident insured that enters Florida and whose insurance policy meets the States minimum PIP or No-Fault requirements.

For Example:

The New York Automobile No-Fault Law requires each insured to carry a minimum of $50,000.00 in No-Fault/ PIP benefits. Thus, if a New York resident drives their vehicle into Florida and is involved in a motor vehicle accident, then they will receive the $50,000.00 in New York PIP benefits as this is greater coverage than the minimum $10,000.00 in PIP benefits which is required under Florida law.

This article is not intended to create an attorney-client relationship by offering this information, and anyone’s review of the information shall not be deemed to create such a relationship. The content provided is intended to provide information of general interest to the public and is not intended to offer legal advice about specific situations or problems. You should consult a lawyer with regard to specific law issues that requires attention.

For additional information please contact Stephen Mellor of Roig Lawyers at 954-354-1541 or by email at smellor@roiglawyers.com.

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Filed under Auto Insurance Fraud, Florida, Insurance, Insurance Claims, Personal Injury Protection, PIP/No Fault