Being sued from auto accident & defense woes

[everydayjoe]

What is the name of your state? FL

What is the name of your state? FL

I had a car accident back in 2003. I rear ended someone, was at fault and ticketed. The party I hit had no insurance and an expired vehicle registration, they were given 2 tickets because of that. The estimated damage written on the report was $700.00 My insurance paid $1652.00 for damages to their vehicle. But no bodily injury, I didnt have bodily injury on my insurance coverage. When the accident occurred at the scene I asked the person involved if they were OK several times. I called the police so the report can be written up. I continued to ask the person involved if they was OK. They said yes, that they were fine. When the police arrived she complained of severe pain and then an ambulance was called to take the driver to the hospital. After all this time I was hit with a lawsuit summons back in April 2006. I called the only lawyer I knew which was the attorney who handled my bankruptcy in the same year (2003) and month when the accident occurred.

I was worried because the summons says you have 20 days to respond. He said don't worry and that he would try to make an ammendment and so it can be added to the bankruptcy. About 2 months went by and after contacting him for an update, he advises me that it was denied. That the best thing I can do is try to settle before court. I gave the attorney an amount that I believe I could settle for plus making monthly payments. Another month went by and when I contacted my attorney his telephone numbers were disconnected and I had no way to reach him.

In the last 2 weeks I received a copy of letter from the attorney representing the party suing me stating that they want to organize a trial by jury. Then soon enough I receive in the mail a UNIFORM ORDER SETTING CAUSE FOR JURY TRIAL, PRE_TRIAL CONFERENCE AND PRE_TRIAL INSTRUCTIONS signed by a Judge and also an ORDER OF REFERRAL TO MEDIATION in the same envelope.

I contacted the attorneys of the party suing me and explained my situation. They said they would consult their client. It has been a week now and no one will return my call even to give me a yes/no or any kind of information. I have contacted serveral attorneys and so far no one will take my case because its personal injury defense and they dont take that kind of case. This is over 11 attorneys I called so far for assistance.

I find myself extremely lost and my obvious lack of experience with the law is making everything much worse. Im not trying to use my ignorance as an excuse. I am just trying to seek help or guidance and I get no answers. I have these papers I received within the 2 weeks and the ORDER OF REFERRAL TO MEDIATION says I have 10 days to respond. Respond with what? Can anyone help with some advise here.

Sorry if this letter is too long and lacks detailed information. I explained as much as I feel comfortable sharing in public. Any ideas anyone? I trying to contact the party suing me and the attorney is not returning my phone calls. I have made a total of (3) calls to them in hopes to resolve this in good faith.

[moburkes]

You'll need to ask a more specific question, in order to receive a response. Bodily injury isn't required in FL, but now you know why its strongly recommended. The only thing that I can think of as a defense is that the other party should have purchased PIP coverage, which would have paid medical up to 10k, but since they didn't, you should only be responsible for the bills over $10k.

[everydayjoe]

Thank you for your response. If I am trying to contact the attorneys suing me to try to reach some kind of resolution to this and I am not getting a reply, whats the best course of action? Write to them and or the court also explaining this? It seems to me that theres not a good faith effort to agree on their part and that they are just waiting for trial later this year.

At this point I do not have an attorney to help me with this and I see myself alone at court if and when it reaches to trial.

[moburkes]

They are not required to settle with you. Apparently they feel that they can win by going to trial.

[everydayjoe]

So sending a response via mail? Is that going to be a useless effort on my part? I should just wait for trial.

[racer72]

Why have you not contacted the insurance company with who you had insurance at the time of the accident? They are obligated to provide you an attorney and that attorney will defend you up to your policy limits. The attorneys for the other party want nothing from you but money, they are not going to negotiate with you and they certainly are not looking out for your interests. Contact your insurance company asap.

[everydayjoe]

I did contact my insurance company. But, since I did not have bodily injury coverage at the time, they will not assist me. Its a pretty much I am on my own situation. It's been hell, I dont wish it on anyone.