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Might be sued after accident

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ngthai

Junior Member
What is the name of your state? Florida

My accident was in 04/2007 (my fault). The other guy walked out of his car, & was not hurt. He did not need ambulance and didn't go to hospital at that time.

I have 10K/20K on Bodily Injury Liability.

However, every 2 months my insurance informed me that he is now still treating for soft tissues... for 6 months now (3 letters so far). I think he is cooking up some thing to sue me.

What should I do? just wait? Does my insurance company really try to settle within 10K of the BIL? Maximum how much the other guy can claim for his medical related expenses?

I felt nervous. He was totally fine at the time of accident. What could he do now?
 


justalayman

Senior Member
What should I do? just wait?
what else are you going to do?

Does my insurance company really try to settle within 10K of the BIL?
It's not that they try to settle within that amount. It's that they stop paying when that amount is reached.

Maximum how much the other guy can claim for his medical related expenses?
whatever they add up to.

I felt nervous. He was totally fine at the time of accident. What could he do now?[/
sue you for everything you own and ever will own or nothing. It depends upon him.
 

alnorth

Member
I know many, many cases where the other driver walked out, adrenalin pumping and nerves on edge, think they are fine, go home, and then the next day or so the pain begins. They see a doctor and learned they have torn something requiring surgery and rehabilitation to fix. There are many 30 mph crashes where everyone seemed fine that ends up settling for tens of thousands.

Your insurance company will defend you, and not pay anything unless they can prove their damages, so the other driver is not going to be able to make anything up, this will either be real or go away. I wouldnt be surprised at all if this other driver was hurt even if he thought he was fine on the day of the accident.

If there are real damages, your insurance company will try to get the other driver to settle for 10k or less, and if the damages are small you might be fine. However, if his medical bills run over 10,000, he is very unlikely to settle. You will probably be sued for his medical bills, and possibly pain and suffering. Your insurance company will provide a lawyer, but if they dont settle and you lose with a judgement higher than 10k, you will be responsible to pay the rest.

$10,000 is just not enough insurance no matter what the laws in your state say. Liability coverage is cheap, get some quotes for at least $100,000 per person (or higher if you can afford it) and you'll be much less likely to be nervous after an accident again.
 
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first of all...FL was a NO FAULT state at the time of your collision (PIP "no fault" correction not needed from Oct-Jan).

before Oct 1 and after Jan 8, you are required to have PIP as well as he is. you can not be sued personally for collisions. I should know..I live in FL and we were involved in a collision and the other person was at fault. We are getting medical from our PIP and once it is used up, will be using their insurance for the rest....you can not sue (but the insurance company can be) for soft tissue injury unless it is proven that it is permanent. just because they appeared okay doesn't mean that they was no injury. swelling can occur after the accident and pain can result from inflammation from muscles pressing on nerves afterwards...
 
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justalayman

Senior Member
actually, from what I read, Florida is no longer a no fault state, at least until Jan of 08 when the new law takes effect. The old one expired Oct. 1.

although since this happened last April, the old law would control.
 
No Fault Insurance Restored But?

Most motorists have gotten a notice that Personal Injury Protection, or PIP coverage went away October First.

Expect a new notice telling you it's back.

As Mike Vasilinda explains, Florida Lawmakers acted with lightening speed and send legislation to the governor re enacting PIP.

Between now and January 1st, the question of who pays when there's a car accident could get confusing. No fault auto insurance went away last Monday.

Voice of Rep. ****** Kair D-Davie"Do you agree that it may be a significant amount of people might be on the road without PIP after a three-month period?"

Rep. Ellyn Bogdanoff R-Ft. Lauderdale"No, actually I would disagree. It's probably not going to be a lot at all."

But thanks to a vote of the state legislature, no fault is coming back with the new year.

"One hundred-five yeas, four nays, Mr. Speaker."

The comprise legislation attempts to curb fraud by keeping doctor-owned clinics from treating patients and running up charges.

Mike Vasilinda Standup: But the big question now is what happens if you are in an accident before the new year?

Bill sponsor Ellyn Bogdanoff says that depends.

Rep. Ellyn Bogdanoff R-Ft. Lauderdale "If you're in the No Fault system, if both of them are in the No Fault system, it's clear. It's what we had before, it's No Fault. But if you have two people that are in the tort system, because they don't have No Fault, because they are not required by law to carry it until January 1, then it's going to be a pure tort system."

Governor Charlie Crist is almost single-handedly responsible for the comeback after working the phones into the night.

Charlie Crist Governor "You'd rather have somebody have ten thousand dollars worth of coverage than none. Kind of a straightforward view."

Insurance backed groups that wanted pip to go away say now you'll pay.

Allison North Jones Floridians for Lower Insurance Costs "You're going to have to pay that extra premium that you weren't going to pay because you were no longer required to pay for the no fault."

There are an average of 700 vehicle wrecks every day in Florida. That will leave insurance companies with a lot to sort out between now and the new law taking effect January First.
 

justalayman

Senior Member
Sounds like a few months could cause years of litigation. what a brilliant showing of the legislators of Florida (not that most other states have been doing such a stellar job either)
 

ngthai

Junior Member
PIP provides immunity from lawsuits over who was at fault up to a certion point

Gulfbreeze: Your post is very informative. Thank you

PIP provides immunity from lawsuits over who was at fault in an accident up to a certain point. Anyone know (or can provide example of) what "a certain point" is?
 

justalayman

Senior Member
I couldn't find anything definitive but in what I did read, it seemed that if the damages were above the injureds PIP level, then the remainder could be sought from the at fault party.

Maybe GB will offer some info.
 

ecmst12

Senior Member
The accident was before 10/1 so that much doesn't matter. From what my coworkers who handle FL PIP claims tell me, PIP fraud in Florida is RAMPANT, because insurance companies were not allowed to even INVESTIGATE whether a PIP claim was valid.

At any rate, FL has a pretty high standard for BI recovery from an at-fault driver, and this accident was under those laws. The other person would have to have permanent damage in order to get ANY money from your policy, and soft tissue doesn't usually cause that.
 
The accident was before 10/1 so that much doesn't matter. From what my coworkers who handle FL PIP claims tell me, PIP fraud in Florida is RAMPANT, because insurance companies were not allowed to even INVESTIGATE whether a PIP claim was valid.

At any rate, FL has a pretty high standard for BI recovery from an at-fault driver, and this accident was under those laws. The other person would have to have permanent damage in order to get ANY money from your policy, and soft tissue doesn't usually cause that.
that part is oh so true...

Here is a break down on fl policies...

Personal Injury Protection (PIP) pays up to 80% of all reasonable medical expenses, death benefits up to $5,000 and 60% of loss earnings (not to exceed a total of 85% of gross incomes) for you and your relatives (depending on the option selected) as well as passengers and pedestrians who are Florida residents and do not have their own PIP and are injured in a motor vehicle accident regardless of fault.

Insured, Insured & Relative, Insured With Excluded Work Loss, or Insured & Relative With Excluded Work Loss. Insured: Provides coverage for you (including your resident spouse), passengers and pedestrians who are Florida residents and do not have their own personal injury protection. If a deductible is selected, the deductible will only apply to you or your resident spouse. Insured and dependent relatives: Provides coverage for you (including your resident spouse), dependent resident relatives, passengers and pedestrians who are Florida residents and do not have their own personal injury protection. Excluded Work Loss: This would eliminate coverage for any lost earnings for persons covered under the selected option. If a single deductible is selected, the deductible will only apply to you and your spouse. If you choose a deductible followed by "/WAIVER" the deductible will apply to you, your spouse and all dependent relatives. In choosing an appropriate PIP coverage option, you may want to consider your ability to meet your medical expenses and other financial obligations if you were injured in an automobile accident.

Property Damage protects you when you are legally liable for damage to property of others caused by your vehicle. This not only includes damage to others_ vehicles, but also objects such as buildings, signs or trees. In the event of a multiple vehicle accident, you could be responsible for compensating several other car owners. As with Bodily Injury protection, you may be personally responsible for compensating injured persons if you do not carry a sufficient level of Property Damage coverage so you should choose a limit that adequately protects your assets and earnings.

After Oct 1, 2007 and before Jan. 8 2008.....

Auto Medical Payments coverage pays necessary, reasonable, and related medical expenses for the named insured (includes resident spouse) and resident relatives injured in a motor vehicle accident, whether in the insured vehicle, someone else_s car, or if struck as a pedestrian. Coverage is also provided for guest passengers in the insured vehicle if the accident occurs in the state of Florida and the guest passengers do not have their own similar type of coverage. In addition, it covers pedestrians struck by the insured vehicle if the pedestrian is a Florida resident and does not have his/her own Auto Medical Payment Coverage.

Medical Payments coverage pays medical, dental, hospital, and funeral expenses for you, household relatives, and guest passengers injured in a motor vehicle accident. This coverage also protects you and household relatives in other vehicles or if struck as pedestrians. The limit of liability for medical payments stated in the declarations as applying to "each person" is the limit we will pay for all costs incurred by or on behalf of each person who sustains bodily injury in one accident. This applies regardless of the number of persons insured or the number of autos or trailers to which this policy applies. In choosing an appropriate limit, you may want to consider your ability to meet your medical expenses and other financial obligations if you were injured in an automobile accident.
 
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I couldn't find anything definitive but in what I did read, it seemed that if the damages were above the injureds PIP level, then the remainder could be sought from the at fault party.

Maybe GB will offer some info.
Bodily Injury coverage protects you when you are legally liable for injury or death to others caused by your vehicle. Some of these expenses include medical treatment, lost wages and compensation for pain and suffering. Your own legal fees, bail bonds and court costs are also covered. In the event of a serious accident these costs can become very substantial and if you do not carry a sufficient limit of insurance, the person you injure may pursue compensation from your personal assets and earnings. Therefore, you should choose a limit for this coverage based on your financial status including your current and future assets. Additional liability protection is available through Personal Umbrella Policy. BI provides two limits of coverage. The first is the maximum amount we will pay for injury or death to any one person. The second figure is the maximum pay (regardless of the number of people involved) for injury or death stemming from a single occurrence.
 

anon202

Junior Member
Bodily Injury coverage protects you when you are legally liable for injury or death to others caused by your vehicle. Some of these expenses include medical treatment, lost wages and compensation for pain and suffering. Your own legal fees, bail bonds and court costs are also covered. In the event of a serious accident these costs can become very substantial and if you do not carry a sufficient limit of insurance, the person you injure may pursue compensation from your personal assets and earnings. Therefore, you should choose a limit for this coverage based on your financial status including your current and future assets. Additional liability protection is available through Personal Umbrella Policy. BI provides two limits of coverage. The first is the maximum amount we will pay for injury or death to any one person. The second figure is the maximum pay (regardless of the number of people involved) for injury or death stemming from a single occurrence.
So, the last line. If you have 10K/20K for liability, your ins will pay up to 20K for the accident...even if there was only 1 person involved in the accident? Meaning that person can get up to 20K for the accident if she/he didn't have any passengers?
 

ecmst12

Senior Member
No. One person cannot get more then 10k. The second part means that even if there were 10 people injured, the policy will not pay MORE then 20k for all of them.
 

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