Auto Accident Claims

LaurenMarie30 · #1 02-26-2009, 07:17 PM

Florida.

I was a passenger in a car where the driver crashed into a tree. I suffered whiplash, a concussion and other bruising. The driver's insurance company told me that I am not entitled to compensation for pain and suffering, and they are offering a settlement that totals to 1/3 of my out of pocket expenses for my medical bills alone. They are not including lost wages either. Under Florida law, is it true that I am not entitled to anything? And they also told me the my PIP insurer sent them a medical bills log, which was where they came up with the o/p expenses that are 1/3 of 1/3 of my actual expenses. My PIP provider told me that the driver's insurance company lied, no such log was ever requested or sent. According to Florida no fault law, I can not sue, because my PIP covers 80% of my expenses; but the insurance company of the one at fault is responsible for the rest, which they are denying. What can I do?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

FrankTank · #2 02-26-2009, 08:23 PM

You should be entitled to present a claim for bodily injury/pain and suffering against the driver of the car you were in. Although you didn't give specifics on how the accident happened so I'm not sure.

I'm not extremely familiar with Florida. Do you know if it is a Tort state? Meaning you may have a tort on you automobile policy and your injuries have to reach a certain criteria before you are entitled to present a claim for pain and suffering.

Maybe your insurance company can give you some insight on whether or not your allowed to claim your out of pocket medical expenses. In most cases you are. Ofcourse everything should be processed by the PIP coverage first. Sometime, like in New Jersey you are not allowed to seek recovery for PIP deductibles and copays.

Sorry I couldn't be more of a help. Hopefully someone else will chime in.

ecmst12 · #3 02-26-2009, 10:13 PM

If you don't know the answer, you don't have to post.

You are not entitled to pain and suffering in florida unless you suffer a permanent disability from your injuries. Which it appears you have not. But you are entitled to actual expenses and lost wages. And you can sue if they don't offer it voluntarily. You should talk to a lawyer, for advice if nothing else.