the driver owner of atv has a home in forclosure.fl is a no fault car insurance co. can i sue my carrier.the driver of the atv was drunk it rooled on my leg causing permenant damage.i had muscle and tendon transplant non of the surgeries were successful.my hospital bills are high and i need more surgeries.and physical therapy.the hospital is a horse of another color.
Sorry to hear about your injuries and misfortune. Home in foreclosure is not a bar to liability insurance. You need to consult with a lawyer who is knowledgeable in both accident and recovery remedies as soon as possible. Do not talk with insurance attorney or other about the accident itself until you have had a free consultation with your attorney.
Adding to the responses you've received already, you should have an attorney contact the driver and obtain all available insurance information from him. It is possible that one of his policies would cover the loss. He may also have other assets you don't know about. Because of his intoxication at the time of the accident, you may be able to access assets that would otherwise be protected from creditors. As for a suit against the ATV manufacturer, I think that's a tough case given your description fo the accident (most defective ATV cases involve rollover or occupant restraint issues), but you should have an attorney look at it.
You need to consult with an attorney to see if you have a claim against the insurance you mentioned. More information is needed to make that determination.
Feel free to call me in the morning. We handle these type of cases statewide and offer completely free consultations.
There could be multiple sources of recovery. You should meet with an attorney to discuss you case and have all potential avenues for recovery and insurance coverage explored and investigated thoroughly. Feel free to contact me this morning for a free consultation. We have been handling injury cases, including ATV accidents for over 35 years. We are located in Winter Park, FL and handle cases statewide.
I would need more information about your case to properly advise you. However, I can tell you that we had a case in which a passenger broke his neck from an ATV accident, and we sued the land owner and we able to negotiate a large settlement for the client. For more information on these cases, you may visit my website. You should find a lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer.
Without knowing all of the details of the accident, it sounds as though you have a strong case. I wouldn't worry, yet, about being able to recover any money. There might be other parties to the case beyond the driver. Also, the parties might have assets beyond the home that is in foreclosure. Your attorney, after reviewing all of the information, should be able to offer more options.
You mentioned possibly suing your insurance company, are your medical bills not getting paid?
I would highly suggest consulting with a local attorney as soon as possible, so that you can move forward with the possible suit. The longer you wait
I have actually done some work with a fantastic personal injury attorney in your area: Art Draper of the Perry Draper law firm (their office is in Clearwater). I know that he offers free consultations, and I would highly recommend contacting him.
It sounds like a terrible accident. I hope that you feel better.
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