Golf Car Accidents

On most days, a ride in a golf cart offers a nice getaway from the hustle and bustle of highway traffic and rush hour. Golf carts offer a nice ride in neighborhoods, golf courses, and towns that cater to and encourage their use. Unfortunately, golf carts are also at the center of accidents and injuries due to the negligence of a golf cart driver or other motorist.

In the aftermath of a golf cart accident, questions arise as to legal liability, insurance coverage, and the law. Just like with the operation of the typical motor vehicle, there is a duty on the part of the golf cart driver to operate the golf cart in a safe and reasonable manner. There is also a duty to obey all traffic signs and road rules. Similar to the typical automobile accident, the golf cart owner is liable for any negligence on behalf of the driver, even if the golf cart is not present at the time of the golf cart accident.

Under Section 320.01 (22), Florida Statutes, a golf cart is defined as a motor vehicle. This is an important legal designation, as the legal liability for the driver and owner of a golf cart is similar to that of a regular passenger vehicle. While there is no specific State law requirement that golf carts be insured, there is still legal liability imposed on the driver for negligent operation and on the owner for the driver's permissive use of the golf cart.

Florida's Dangerous Instrumentality Doctrine provides that the owner of a motor vehicle is liable for the negligent driving of a driver with the express or implied consent to operate said motor vehicle. The rationale for this doctrine is that the owner controls who operates a dangerous instrumentality. Yes, that's right, under Florida law, a motor vehicle is considered a dangerous instrumentality. Furthermore, a golf cart is specifically designated as a motor vehicle under Florida Statutes.

The Florida Supreme Court under Meister v. Fisher, 462 So. 2d 1071 (Florida 1984), noted that "a golf cart is clearly a motor vehicle." The Court further noted that golf carts, which typically operate at a slower speed than a regular passenger motor vehicle, "have the same ability to cause serious injury as does any motor vehicle operated on a public highway."

As such, under Florida's Dangerous Instrumentality law, the owner of a golf cart is legally liable for any negligence on the part of the permissive driver of the owner's golf cart.

In Florida, traditional or standard golf carts (operating at speeds less than 20 miles per hour) are not required to have insurance coverage. If the golf cart is modified or capable of exceeding 20 miles per hour, it can be classified as an LSV (Low Speed Vehicle).

The designation of LSV - Low Speed Vehicle - then makes it mandatory under Florida law to have a title, registration, and, yes, insurance for the LSV golf cart. However, Florida law still has just minimum mandatory insurance requirements for said vehicle in the form of PIP (Personal Injury Protection) and Property Damage liability coverage. As such, if a person is hit by an LSV golf cart with only minimum mandatory coverage, there will not be any liability coverage to compensate the injury victim for pain, suffering, and related damages.

A golf cart in Florida can be insured under a homeowner's insurance policy; however, there may be limitations on when, where, and how the coverage applies. It is important to review the applicable homeowner's insurance policy to determine the coverage details. For instance, a homeowner's policy may cover damage to the golf cart, similar to collision coverage for a passenger motor vehicle. However, this may be the extent of the coverage. In other words, the homeowner's policy may not provide any liability, medical, or personal injury coverage in the event that a person is injured while operating said golf cart or in the event that a person is injured when hit by said golf cart.

Some homeowners' insurance policies provide coverage limited to the homeowner's property. Other policies provide coverage if the golf cart is operated within a specific community, such as a gated golf course community.

In most instances, a golf cart owner will have better, more comprehensive coverage for the liability associated with golf cart ownership by having a separate policy for the golf cart. It is important to discuss available coverage with an insurance agent or representative. Once coverage is in place, it is also important to review and understand the terms, conditions, and limits of the golf cart insurance policy.

There may be other sources of insurance / compensation in the aftermath of a golf cart accident. There may be coverage under the injury victim's automobile insurance coverage for PIP (Personal Injury Protection), Med Pay (Medical Payment), and / or Uninsured / Underinsured Motorist insurance. It will depend on the circumstances of the accident and the language of the applicable automobile insurance policy.

If the golf cart were owned by a golf course or other business entity, there would be legal liability under the dangerous instrumentality doctrine for the permissive use of said golf cart by the driver. If the driver of the golf cart is an employee of the company owning / operating the golf cart, there will also be legal liability or responsibility under the Respondeat Superior doctrine.

David Alan Wolf has over 35 years of experience in representing injury victims, including those injured as a result of a golf cart accident. He provides free consultations for all personal injury cases. David Alan Wolf firmly believes in Giving a Voice to Injury Victims and Their Families.