Skip to main content

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 ?

+ Read More

Attorney answers 9

Posted

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.

Asker

Posted

Thank you for such a detailed answer. I do vote and will be writing a letter to my representative regarding this matter. It makes me sick to know that my whole life can change and I will never be financial made whole and may have to deal with pain the rest of my life with no recourse. With all the lawsuits that people bring (and win) I am truly shocked that there is NOTHING I can do. People thought that incorporating would save them from personal liability yet I have seen lawsuits where the corporate shield was pierced. This is why I just cannot believe that there is some way around this so that I do not lose what I have worked my entire life for. Something needs to change in FL to protect the victims!! Thank you again for your contribution!

Lawrence Joseph Marraffino

Lawrence Joseph Marraffino

Posted

The Florida Legislature is heavily Republican and anti victim's rights. The only way to change anything is to change the balance of power. Sad to say, but your voice alone will not help. You have to organize your friends and relatives to vote in the next election and vote out the GOP.

Asker

Posted

Mr Marraffino, although I appreciate your opinion, I am a not a big fan of dictaotrships so I will stick with the GOP.

Lawrence Joseph Marraffino

Lawrence Joseph Marraffino

Posted

Then you get what you vote for. Don't complain that the laws don't protect you.

Lars A. Lundeen

Lars A. Lundeen

Posted

Mr. Marraffino is correct. The GOP has been at the forefront of limiting recovery by accident victims such as yourself. A prime example is the Florida constitutional amendment the GOP supported a few years ago, attempting to limit attorney's fees for highly skilled counsel who bring cases against doctors who commit malpractice and who then are protected by nearly unlimited resources of their insurance carriers, which spare no expense in defending a Dr. and paying their defense attorneys they're going rates, without restrictions on the amount the defense attorneys can earn on a case. The GOP has also backed, both in Florida and nationally, limits on the amount that victims can obtain for pain and suffering, even if you are wheelchair-bound due to a Dr's. negligence and the pain and suffering persists for 50 or 60 years or however long the patient lives in pain. These limits on recovery protect no one but the insurance carriers and well heeled doctors. By limiting recoveries by tort victims, they run out of funds to take care of themselves more quickly and often times come onto the public dole, either in the form of qualifying for Medicaid, Social Security disability, SSI payments or similar tax supported payments i.e. food stamps, etc. This makes you, the taxpayer, pay for the damages caused and allows the Dr. and insurance carriers to continue on, earning large profits and amassing significant assets. I have no idea what you're talking about in terms of "dictatorships", but government should not be run to advantage one segment (the insurance industry) over innocent tort victims such as yourself. Dictatorships favor their cronies over the lttle people.

Posted

No

Posted

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.

Posted

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

Posted

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

Posted

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.

Asker

Posted

Thank you, I am sure that there are many others in a similar position or worse and something needs to change so that we are made as whole as possible. I will be contacting all poltical my representatives!

David H. Burns

David H. Burns

Posted

I am saddened that you are in this situation. I hope that things improve for you.

Posted

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. .

Asker

Posted

I do have UM insurance on my policy but due to my injuries and all the medical expenses I will still lose everything I have worked for my entire life. I think the lesson here (which is sad) is to have as little coverage as possible to cover someone you hit but to have as much UM insurance for yourself as you possibly can!! Once again, the people that cause things like this are not held accountable!

Claudia Canizares

Claudia Canizares

Posted

You cannot have more UM coverage than your BI coverage (which would pay for someone's else demand). You can however have UM and umbrella coverage. However, the Umbrella policy would benefit you and/or someone who sues you. Just make sure you get the UM limits on your policy. You can enter into a negotiation with the hospitals after you receive your limits to lower all of your pending medical bills.

Posted

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

Posted

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.

Get Avvo’s 3-part personal injury email series

A roundup of the best tips and legal advice.

Personal injury topics

Recommended articles about Personal injury

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer