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I was hit by a dui driver head on. I received multiple severe fractures and was hospitalized for 10 weeks. He had no medical.

North Fort Myers, FL |

Coverage for me. I had minimal insurance and uninsured motorist. Should I sue him personally ? Isn't he suppose to carry pip on the other person ?

Attorney Answers 10

Posted

Unfortunately in Florida carrying bodily injury coverage is not yet mandatory. The fact the person hit you while intoxicated may allow for you to seek punitive damages against this driver. It's very important to seek advice of an experienced personal injury attorney to determine your rights of recovery and to determine if going after him personally will turnout to be fruitful.

Fortunately, it sounds like you had uninsured motorist coverage which everyone should have for this exact reason. Hopefully you have made a full recovery.

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9 lawyers agree

Posted

No in FL you are required to carry PIP which covers 80% of your medical bills and 60% of your wage loss to policy limits. YOU DO NOT HAVE TO CARRY BODILY INJURY INSURANCE in Florida and unfortunately, most don't. You probably need counsel to assist you in verifying if there are any assets worth going after. THE GOOD is you have UIM from the sounds of it. So at least there is an avenue of recovery to pursue from.

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18 lawyers agree

Posted

Given the nature of the crash -- drunk driving crashes are not "accidents," and the extent of your injuries, you really would be well served by consulting with an experienced personal-injury attorney. Most offer free consultations. More importantly, s/he can explore all the facts, potential avenues of recovery and theories od liability in an effort to get you the best reault possible under the circumstances. If Ii can help, please feel free to reach out to me (888-957-4878) and best of luck to you!!

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12 lawyers agree

Posted

No. The other driver is not required to carry any insurance which benefits you in personal injury situation. Fortunately, you have PIP and UM. You need to speak with an attorney immediately.

Feel free to visit my Firm website via the blue link below for additional information.

Until you retain this firm and we have an attorney client relationship, nothing stated above should ever be construed as legal advice on which you may rely in your actions. If you would like to discuss further, please contact me. Jason Holbrook, Esq. Holbrook Law www.holbrooklawpa.com Sarasota Office 1990 Main Street Suite 750 Sarasota, FL 34236 (888) 908-7824 toll free (941) 538-7878 phone (941) 538-7879 fax

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14 lawyers agree

Posted

Your own PIP covers the first $10,000 of medical bills. You can pursue a claim against your UM, which stands in the shoes of the at-fault driver. An investigation also has to be made into other potential sources of recovery.

Contact counsel (most experienced injury attorneys offer free initial consults) immediately to discuss your circumstances and next steps.

DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.

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13 lawyers agree

Posted

You would want to retain a top-rated Avvo attorney with a low contingency fee for representation.

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9 lawyers agree

Posted

This sounds like a severe injury scenario with complicated coverage issues.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

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.

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14 lawyers agree

Posted

This case can best be handled by an experienced personal injury lawyer to help you navigate through these coverage issues. In Florida, the at fault party is not required to maintain bodily injury liability coverage, which is why, as was suggested by other posts, most drivers carry UM/UIM coverage to protect themselves. Your PIP coverage will cover your medical bills up to 10k in Florida, and you can access your own minimal um coverage once there is a showing that at fault did not have bodily injury liability coverage. Review your policy to confirm your um policy limits, is it stacked or non stacked ?
Regarding your injuries, they seemed serious enough for your um insurance company to immediately tender/pay its minimal policy limits.
If you experience any problems collecting from your um insurance company, i suggest you seek assistance from an experienced personal injury lawyer. I handle these types of cases in Florida and you are welcome to contact me for free consultation.
Best of luck,

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8 lawyers agree

Posted

Mandatory bodily injury liability coverage in Florida has not existed for 30+ years. You should pursue claims under your own PIP policy and UM. Perhaps you should sue the drunk driver also, depending on whether a judgment against him would likely be recoverable.

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

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4 lawyers agree

Posted

I think you got it backwards, PIP is for you, he should have BI, for bodily injury, but in Florida he is not required to carry BI. Now, you have UM for your uninsured motorists, like this one and that is a smart coverage. Get an attorney who can maximize your recovery. UM can be tricky sometimes.

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2 lawyers agree

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