<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Ron Brenda:
Hello,
My wife was involved in an accident in October of 1999. She was a passenger in a car driven by her friend, who was insured. The accident was the other drivers fault, who was also insured. My wife started having back problems and was advised to see an attorney. She has also been seeing a doctor since then. My question is this, Our attorney tells us that OUR insurance is going to have to pay for OUR medical expenses, not the insurance of my wifes friend ( who was driving ) or the insurance of the driver at fault. I thought the insurance of the driver at fault or my wifes friend should pay. We have tried discussing this with our attorney several times, but each time she only says, That is just the law here in Florida. Is she lying to us about this with plans to take that money and add it to her fee from our possible settlement? I know you cant speak of her direct intent, but does this sound fishy to you? Please help.<HR></BLOCKQUOTE>
My response:
You actually have a couple of issues that need to be addressed.
First, you are stating that the other driver is at fault. That is your belief, and that of your attorney. However, up to this point, the other driver has not been judged by a court to be "at fault." All facts might point in that direction, but until a court says otherwise, then . . . .
1. In a "Fault" jurisdiction (I don't know if Florida is a "No-Fault" or "Fault" State), the other person is entitled to a defense, and does not have to "roll over" and pay for anything until a court or arbitrator says otherwise. Therefore, in the meantime, your medicals should be paid by your own insurance, if such is available.
If you don't have sufficient insurance available to pay all of your medical bills for this accident, have your attorney inquire from the doctors, hospitals, and other healthcare providers whether they are willing to accept a signed "lien" from you. A lien will protect you from having any medical bills turned over to Collection, and will allow you to pay any medical bills from your net settlement or judgment.
2. You also have mentioned that you were a passenger in a friend's car. Assuming you and your friend are being represented by the same attorney, and despite that friendship, and as facts become more developed, you have no "legal" idea at the point whether or not the "friend" is "comparatively negligent" for the cause of the accident - - even though you don't believe that to be the case. I hope that your attorney has discussed with you that there is that possibility, even if it is "slight." Your attorney has an ethical and legal obligation to discuss this with you and, should have given you a "Waiver of Conflict of Interest" for you to review and sign. Such "Waiver" states, in essence, that you agree not to sue, or make a claim against, your friend, and that you are ONLY interested in suing or claiming against the "other driver." Such Waiver also relieves your attorney from having to include your friend in a lawsuit.
If you and your friend are being represented by differt attorneys, or if you are the only one being represented, and if you are not interested in claiming against your friend, then your attorney will need you to sign a similar "waiver" that will say, in essence, that you do not want your friend involved in the claims or litigation process, despite any potential or actual negligence on your friend's part. This will relieve your attorney from having to ethically and legally involve your friend and that you waive any potential liability later discovered to be your friend's responsibility to you (although, in neither of these scenarios, does it keep the "other driver" from suing your friend in a Cross-Complaint.
Please be aware, that if you sign the Waiver, and your friend is found to be comparatively negligent for the accident, even if slightly, your damages received against the other driver will be reduced by the percentage of fault that a "triar of fact" determines that your friend was also at fault. For example: You are found to be entitled to $10,000.00 for your damages. The Other Driver is found to be 75% at fault, and your friend is determined to be 25% at fault (or Comparatively Negligent). Your final judgment will be only as against the Other Driver, or gross judgment will be $7,500.00, because you previously signed a "Waiver of Conflict of Interest." This, of course, is very simplistic, and the details should be discussed at length with your attorney.
Good luck, and thanks for writing.
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited April 14, 2000).]
