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08-23-2006, 07:11 AM
| | Junior Member | | Join Date: Aug 2006
Posts: 2
| | | FL Accident
What is the name of your state? FL
On April 23, 2006 in the Fl panhandle where I live, I was hit from behind by a woman that
is insured in Texas, car is registered in Texas and has a Houston, Tx address. She was ticketed and I went to the hospital. I was diagnosed with a cervical strain, went to the chiro a few times and was better. Her ins co admited she was a t fault. The property claim was settled and now I am dealing with her ins comapny for settlement. The adjuster is telling me that all I am entitled to in the state of FL is the 80% that I paid out of pocket for medical expenses. Is this true??? I told her that I wanted to talk to an attorney and she said they would tell me the same thing. If that is true, then does the fact that her client lives and is insured in Texas help me? After all I had to deal with from the accident and all I can get is $380.00? This just does not seem so. Should't I be paid money for Mental Anguish and Inconvenience???
Last edited by seaempress; 08-23-2006 at 07:13 AM.
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08-23-2006, 08:14 AM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,043
| | | Q: If that is true, then does the fact that her client lives and is insured in Texas help me?
A: No, the accident happened in Florida.
Q: Should't I be paid money for Mental Anguish and Inconvenience???
A: No. You have no permanent injuries.
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08-23-2006, 08:55 AM
| | Senior Member | | Join Date: Nov 2005 Location: Alabama
Posts: 2,106
| | Quote: |
Originally Posted by seaempress What is the name of your state? FL
On April 23, 2006 in the Fl panhandle where I live, I was hit from behind by a woman that
is insured in Texas, car is registered in Texas and has a Houston, Tx address. She was ticketed and I went to the hospital. I was diagnosed with a cervical strain, went to the chiro a few times and was better. Her ins co admited she was a t fault. The property claim was settled and now I am dealing with her ins comapny for settlement. The adjuster is telling me that all I am entitled to in the state of FL is the 80% that I paid out of pocket for medical expenses. Is this true??? I told her that I wanted to talk to an attorney and she said they would tell me the same thing. If that is true, then does the fact that her client lives and is insured in Texas help me? After all I had to deal with from the accident and all I can get is $380.00? This just does not seem so. Should't I be paid money for Mental Anguish and Inconvenience??? |
If you want more money talk to a lawyer. The adjuster is basing the offer on comparative negligent and assessing your negligence at 20%. Apparently they don't think the other driver is 100% at fault. |
08-23-2006, 09:19 AM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | | No, weenor. Isn't the 80% referring to OP's PIP, which only pays for 80% of the medical bills? In FL, your insurance company pays for the first $10k of medical bills. That's where I assumed the response was coming from. Their insurance was offering to repay what her PIP paid out.
See below:
Mandatory: $10,000/person (includes med payments and work loss)
● Covers Named Insured, and residents related to NI in his/her vehicle at the time of the accident
● Pays regardless of fault
● Coverage for injuries, work loss, death benefits, and essential services.
● Deductibles apply per person
Basic- Coverage for 80% of medical expenses, 60% of disability expenses. Up to $5,000 per individual for Death Benefits. |
08-23-2006, 08:01 PM
| | Senior Member | | Join Date: Jan 2006 Location: Il.(near StL, Mo.)
Posts: 2,207
| | | I agree with moburkes: Fl. is a partial no fault state - each person responsible for the payment of their medical bills no matter whose fault the acc. was. PIP pays 80% of medical bills until PIP benefits exhausted. (must have min. 10k PIP)
The person at fault is responsible for the rest & the 20% PIP did not pay. |
08-23-2006, 08:46 PM
| | Junior Member | | Join Date: Aug 2006
Posts: 2
| | | So I am screwed, I have no legal right to get anything but my out of pocket medical expenses? Is that what I am getting? |
08-23-2006, 10:28 PM
| | Senior Member | | Join Date: Jan 2006 Location: Il.(near StL, Mo.)
Posts: 2,207
| | Quote: |
Originally Posted by seaempress So I am screwed, I have no legal right to get anything but my out of pocket medical expenses? Is that what I am getting? | If you're talking about getting something add'l. for mental anguish & inconvenience as you asked in your original post - I'm with seniorjudge - no, you have no permanent injuries. |
08-24-2006, 10:54 AM
| | Member | | Join Date: May 2006
Posts: 200
| | | First,I don't see how your getting screwed.Your being compensated for all out of pocket through your ins. co or the other parties.Inconvience does not apply.However you mention mental anguish.You would be compensated for any treatments you were given.Though you don't mention having gone to any.If you have had appts. simply send all copies of financial transfers and dx from any treating physicians.Bottom line here is,you can't be compensated for something that you dont have.You began your post admitting you got better.If there is more to your accident regarding medical treatment ,you need to post it for a more accurate response. | |
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