Hit by a Car while on a bike

lookitsmary · Oct 20, 2005

What is the name of your state? Florida June 14 2005 7am I was riding my bike like every morning and a man ran a stop sign hitting the back tire of my bike. I fell off the bike and broke both my wrists, my right knee cap, my right elbow and my right shoulder, sprained my left knee and three fingers on my left hand. I am a homemaker with three kids and a husband. I was unable to do anything for 10 weeks while I was healing in braces, casts, and ace bandages. I usually cook every night and I was un able to do so not to mention my whole life was turned upside down. I was then sent for MRI where it was determined I have a torn cartlidge in my right knee and a torn rotator cuff in my right shoulder and pinched tendons in my neck. Surgery was recommended and when I told my attorney I was told that my health insurance will have to pay for the surgery as this man who hit me and got the ticket for the accident only had state required insurance of 10/20 and I already have exhausted the 10K coverage I have and we are well into the 10K his insurance will be giving me. So I am screwed not to mention perminently injured. What my question is, is if my attorney puts in the demand for the 10K and I take that am I able to still civily sue this man for pain and suffering, mental distress, expenses incured due to not being able to cook, clean, drive, ect....? If I am able to do that would I be able to sue him for the surgery I now have scheduled for my knee that will be costing me 8K and could I sue him seperatly for pain and suffering then for the inconvience and then for the surgeries as I get them done. I will have to save up quite a while for the shoulder surgery. I just want all my bills paid and the surgeries that I need. I believe our state max for small claims is 5k. Any advice would be greatly appreciated please no rude snide arrogant remarks please. excuse any misspelled words as I am upset and just want this out there.

JETX · Oct 20, 2005

lookitsmary said:
What is the name of your state? Florida June 14 2005 7am I was riding my bike like every morning and a man ran a stop sign hitting the back tire of my bike. I fell off the bike and broke both my wrists, my right knee cap, my right elbow and my right shoulder, sprained my left knee and three fingers on my left hand. I am a homemaker with three kids and a husband. I was unable to do anything for 10 weeks while I was healing in braces, casts, and ace bandages. I usually cook every night and I was un able to do so not to mention my whole life was turned upside down. I was then sent for MRI where it was determined I have a torn cartlidge in my right knee and a torn rotator cuff in my right shoulder and pinched tendons in my neck. Surgery was recommended and when I told my attorney I was told that my health insurance will have to pay for the surgery as this man who hit me and got the ticket for the accident only had state required insurance of 10/20 and I already have exhausted the 10K coverage I have and we are well into the 10K his insurance will be giving me. So I am screwed not to mention perminently injured. What my question is, is if my attorney puts in the demand for the 10K and I take that am I able to still civily sue this man for pain and suffering, mental distress, expenses incured due to not being able to cook, clean, drive, ect....? If I am able to do that would I be able to sue him for the surgery I now have scheduled for my knee that will be costing me 8K and could I sue him seperatly for pain and suffering then for the inconvience and then for the surgeries as I get them done. I will have to save up quite a while for the shoulder surgery. I just want all my bills paid and the surgeries that I need. I believe our state max for small claims is 5k. Any advice would be greatly appreciated please no rude snide arrogant remarks please. excuse any misspelled words as I am upset and just want this out there.

You can sue him for anything you want, even if it is over the state minimums. The problem you will likely have is.... does he have anything worth going after. Your state (Florida) is a debtor friendly state, with generous exemptions for the debtor. You and your attorney would have to determine if he is judgment proof (near or in fact) in any determination of the costs of litigation.

lookitsmary · Oct 20, 2005

we did an assets check on him and he owns a home with a mortgage (can't touch that) assessed at 141,000 in 2003 with a mortgage of 160,00 he has two cars with lien holders and property assets was all that was checked. I live in Coral Springs, Florida and in order to own a home here you have to have money. tax assessed at 141K but market price would be 325 or 350k easy. He is from one of the upper scale housing developements in town. One of the newer ones. He is Asian and I just feel he has but does not have to disclose. It really stinks. Is it worth it though do you think to put a judgement against him or lien his house? I just don't know if is even worth it. How long will I be waiting for that until he dies or sells his home depending on whichever way I would go. How fustrating. He is able to go on with his life the way he always has and me...... I have to live in pain pay for surgery that I would not need if it were not for him and I will probably never ride a bike again.

His driving record was pulled also and in the past 7 years he has had three speeding tickets, two tickets for failure to sotp at a device (light or stop sign) and two speeding through a school zone. Of course the ticket for the accident too.

Is there anyway for me to find out if he has any other assets?

Thank you too, for just giving advice and not judging me or making rude snide remarks. You really don't know how much that is appreciated.

Hit by a Car while on a bike

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lookitsmary

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