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Automobile accident

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DEENA2

Guest
I live in Florida and was rear-ended by a 20 year old boy driving his fathers truck to meet him for work. There is no question to who was at fault, he was and was ticketed. I have some serious injuries but unfortuantely did not understand the no-fault state and didnt have uninsured motorist at the time, I do now. The owner of the vehicle has a 10/20 policy. The son has a policy but we are unsure if he has liability. I have been told so many different things I dont know what is true. I know that the owner of the vehicles ploicy paid for the damage to my van and is definately liable up to his policy amount of 10/20, but this does not cover the costs or injuries. Who is responsible? My insurance says that after the owners policy it goes onto the driver of the vehicles policy. I have asked a lawyer who I dont think really knows. What do you do in a case like this. I would appreciate any assistance.

Thank you

 


I am not an attorney and I do not give legal advice. I worked many years as a litigation manager for insurance companies in Miami. The following is only an explaination of Florida auto insurance law as it relates to your situation:

First of all, if you are really hurt and need to talk to a personal injury attorney there are too many to count in Florida. Look in the yellow pages and get one who has free consultations.

Florida only requires Personal Injury Protection (PIP) and Property Damage Liability (PDL or PD) as a minimum. From what you explained and this is only a guess, he has no Bodily Injury Liablity (BI). When you are hurt in an auto accident in Florida your PIP is the primary coverage to pay for 80% of medical bills and 60% of wage loss, subject to any deductable. Did you make a PIP claim? Most adverse carriers (the other person's company) won't entertain a claim for BI if you did not make a PIP claim. At a minimum they will pay your out of pocket expenses such as your PIP deductable and the 20 or 40%. If the driver of the vehcle is not the insured and has his own coverage then that coverage is excess. Meaning, in PD if your car was damaged worse than 10K they should pay the rest up to his limit. In BI they would be primary if the car's owner had no BI. If niether party has BI you may want to look into going after their assets, if any.

Warning: Most Personal Injury attornies will not touch your case if the at fault party has no BI and you have no Un-insured Motorist (UM) coverage.
 
D

DEENA2

Guest
auto accident

Thanks for your response. The father who owns the vehicle has 10/20 collision and 10/20 for my injuries. This is not enough. Does it now revert to the sons ploicy? I know he has coverage for the vehicle but I am not sure if he has liability. I have been to doctors and the insurance companies doctors. I have almost used my PIP.
 
Like I told you yesterday, if you are really injured you need to seek out a personal injury attorney.

If the dollar value of your injury is greater than 10K then the driver's BI comes into play. The dollar figure is based on the % of permanent disability and type of disability. Also, it sounds as if you had an independent medical evaluation (IME). The IME doctor was chosen by the company to make sure you had a valid injury and whether they should continue paying the PIP claim. Did you get a copy of the IME report? Does it state a % of disability?
Or, did it state that your were at maximum medical improvement (MMI)?

In Florida mere dollar figures in medical bills do indicate the value of a BI claim. The type of injury and its long term effects carry the day when it comes time to settle. Unlike negotiating with a PD adjuster over the value of your car, BI settlements are much more complicated. The adjuster who processes a BI claim is very experienced and most often than not is college educated. Once you bring in a second carrier, they are going to be very reluctant to give you any information unless you are represented.


 
D

DEENA2

Guest
auto accident

Thank you so much for your input. I do have a lawyer but they do not know half of what you are telling me. I told them my insurance advised me that the drivers BI would come into effect if the owners was not enough and they didnt believe me. They havent even run an asset check and it has been almost 4 months. My lawyers are a very large firm and I dont think they really care. I had to pester them endlessly to get a copy of my PIP benefits schedule. The IME stated I had serious injuries, both IME's, and need further treatment. Their Neurologist even reccomended specific medication for me and I have had an MRI. Any reccomedations as to what I can do? I wish I ahd a more concerned Lawyer, actually I have never even spoken to a lawyer, they only let me talk to an assistant. Thank you again for your time.

Deena
 
Sorry, but I can't tell you what to do.

I did some checking and based on the facts as you have presented them, the driver's BI is excess. So, if your medicals and specials plus and especialy the reports indicate that the value is over the owners 10K then the excess carrier needs to be put on notice.

Law firms are businesses. If you don't like the service you are getting then shop around for a better situation. If you make a change, the previous attorney may be entitled to a % of the settlement. In the attorney's defense there will be very little movement on your claim until you are finished treating. So, think this out carefully.
 
D

DEENA2

Guest
auto

Thank you for all your input, I just dont feel my case is big enough for them to be concerned with. They got upset when they found out I was asking questions of insurance companies and other lawyers. They now tell me that the son, who lives with his Dad, is still on his dads policy but also has his own. They say they are not sure whos policy or assests are accountable and they have dozens of lawyers to consult. I am not sure if the father, because he accepted accountablility for his son, will now be solely liable or if the sons policy will still be the excess. They even got upset with me when I asked what level my PIP benefits were at. I think its too late to change lawyers and be assured that I will even recover enough money to pay for missing work, if I have to pay them and another lawyer. But they have to be accountable for their treatment of clients, just a little bit.

Deena
 

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