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I need an opinon on whether it is worth it to file a UIM claim in Florida no fault case.

Tampa, FL |

My mother was in a car accident in Florida wih Florida no fault ins. She exhausted her $10,000 PIP coverage and $10,000 medical payment in the hospital. Next, her health insurer got billed even though she has UIM coverage. The health insurer is asking for $6000 back so far from the auto insurance. The auto insurance has not paid them. She got a $10,000 check from the underinsured at fault driver's policy (bodily injury-that was all he had). It is uncashed. I hoped there would be some left over for pain and suffering and unreimbursed out of pocket expenses of about $5000. Now I am worried that she will be owing money for an accident that was not her fault. Is it worth it to push her auto ins to open a UIM claim? Will she just end up owing the $10,000 back one way or another?

Attorney Answers 6


  1. YES!!! You do not say what the limits are on her UIM claim. However, with the amount of medical expense, that is what UIM is for. Understand that although UIM is through her insurance, they will fight her as if they represented the other driver. That is the way they do things and virtually ever lawyer will tell you that she needs to hire a lawyer to get maximium recovery. She should talk to an experienced lawyer as soon as possible. A Board Certified Civil Trial Lawyer is the specialty recognized by The Florida Bar for handling auto insurance cases.

    Lawrence J. Marraffino
    Florida Accident Attorney
    www.ljmpa.com
    Florida Bar Board Certified Civil Trial Lawyer

    Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.
    Certification is the highest level of evaluation by The Florida Bar of the competency and experience of attorneys in the 24 areas of law approved for certification by the Supreme Court of Florida.
    Established in 1982 by the Florida Supreme Court, board certification helps consumers identify specialists in various areas of law.
    Board certified Florida Bar members are the only Florida attorneys allowed to use the terms Board Certified, Specialist, Expert or B.C.S. for Board Certified Specialist when referring to their legal credentials.
    Six percent of eligible Florida Bar members, approximately 4,600 lawyers, are board certified.

    This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY.


  2. Yes, consult with a personal injury attorney. If she has the UIM coverage you should definately make a claim. It appears her case is worth much more than the $10000 paid. You can also negotiate for the first party to waive their subrogation rights as to the med pay reimbursement claim. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  3. You need to contact an attorney before negotiating the BI check because there are requirements you must follow otherwise you may forfeit your right to make a UIM claim. I'm nearby if you would like a free consultation.

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


  4. It sounds like your mother is pursuing this UIM claim without the assistance of counsel. Based on what you have said, your mother may have already caused herself irreparable legal problems. Based on what you said, it sounds like your mother has settled her claim against the tortfeasor without obtaining the approval of her UIM carrier. Releasing a tortfeasor without the approval of the UIM carrier can jeopardize your mother's UIM coverage. I suggest that she speak with a competent personal injury attorney in Florida immediately and that she not cash the tortfeasor's settlement check until she speaks first with counsel.

    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.


  5. Absolutely hire an attorney to help you with this. The lawyer can represent you in the um claim and may be able to negotiate some of those liens and bills down for you. Do this before settling the bodily injury claim.


  6. Many issues to discuss. Bottom line is have a car accident lawyer in your city investigate this. You can use Avvo's "find a lawyer" tool for a lawyer closest to you.

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