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Can I sue the State Of Florida for a car accident I was injured in because the laws for the victim are TERRIBLE??

Tampa, FL |

I was involved in a car accident about 2 years ago . I was at a complete stop at a intersection when the car behind me slammed into me going about lymph . I as the victim have lost my job due to the injury and have no health ins . I am on the verge of losing EVERYTHING I have worked my entire life for because of someone else . The person that hit me only had $ 15 , 000 in coverage and my bills and treatment have far exceed that . The doctors have said that I may never be 1990s and may need ongoing medical treatment for the rest of my life . I have found that the laws here in FL do not seem to be on the side of the victim . Can I sue the state of FL ?

Attorney Answers 9


  1. Best answer

    No you cannot, not over this issue. The way to change the situation is through political action. Do you routinely vote? Have you researched your local representative's record concerning tort legislation and motor vehicle laws? Have you written to your State representatives concerning this issue? Have you written to the Governor? Perhaps you could convince your local representative to sponsor a bill which would require bodily injury liability insurance perhaps in the amount of $50,000. You can better protect yourself in the future if you purchase adequate uninsured/underinsured motorist coverage. Carriers are obligated to offer at least an amount equal to the liability coverage you choose to protect yourself from claims.

    Do you know that the State of Florida does not even require $15,000 worth of bodily injury liability insurance?. That coverage is optional and not mandated. Most states require bodily injury liability insurance in order to be on the road legally. Most required limits are above $15,000.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  2. No, but your situation is a great example for why anyone driving in Florida should carry plenty of Uninsured/Underinsured Motorist coverage on his or her own automobile insurance policy. In your situation, Underinsured Motorist coverage would supplement the negligent driver's $15,000 liability policy, and be available to assist you with your medical expenses, lost wages, and pain & suffering and other intangible damages.

    I am licensed to practice in law in Florida, only. Any information or insight that I provide for scenarios outside of Florida, is provided for general information purposes, only. Nothing that I post on this forum should in any way be construed as legal advice.


  3. Sorry, but the other attorneys are right. You don't have a case against the state of Florida.


  4. No, but if you have UM coverage on your policy, a personal injury lawyer can go after that money. It is always wise to have a minimum of 300k in UM, with an umbrella policy for a marginal amount up to 1m.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. If you attempt to sue the State, you would almost certainly lose and would wind up owing the State Of Florida its litigation costs. There are two meaningful things you can do: 1- Buy as much uninsured motorist coverage as you can possibly afford; 2- Contact the Governor's office and as many Florida legislators as you can to tell them - that instead of "tort reform" that reduces victims' rights, we need positive reforms to the civil justice system that protect victims' rights.

    The above is general advice regarding applicable state law. It does not create an attorney-client relationship in any specific case.


  6. No. However, like other attorneys have mentioned, I srongly suggest to everyone reading this answer to buy Uninsured Motorist insurance. This coverage will pay for your bodily injuries if you are involved in accident where the party at fault is underinsured or uninsured.
    If you feel strongly about this issue you can also write to your legislators. Citizens shall propose a change to our laws and it will not happen unless we try. .


  7. The state has sovereign immunity for planning level decisions and you will lose. Additionally, because of your injuries was the person who hit you, that the laws in the state of Florida.

    If you file your lawsuit you will end up paying thousands of dollars to the state of Florida in attorney's fees and costs.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us


  8. No and have others have commented and I will reiterate due to the importance of the issue, this is the exact scenario which defines the necessity of Uninsured/Underinsured motorist coverage.

    You can sue the person that hit you personally though if you haven't signed a Release yet.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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