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I was involved in an accident where the vehicle in front of me collided with a car that was going in the other direction and

Seminole, FL |

became airborne into the path of N bound traffic.The impact of that crash sent the vehicle ahead of me in a spin sent them into my path as I was trying to avoid it all by swerving off the road. He then hit me head on and the other vehicle took a hit to my whole left side. I am being told I can't put claim on vehicle that hit me head on because he did nothing wrong. The driver who caused the crash died and the coverage was not high enough to pay for my care. WHY can't I put claim on all parties involved...they all hit me as I was clearly doing nothing wrong but am the one who is left with all the expense. I have exhausted all my medical funds with my insurance. My injuries require surgery but can't have done due to exhausting at fault parties limit. Can I put claim on other drivers ins.?

Attorney Answers 9


  1. You can only bring a claim against people who are liable, even partially sometimes, for a collision. That being said consult with a lawyer to thoroughly investigate the driver who caused this collision. Maybe the car was owned by another person who had additional coverage you could pursue. Maybe the driver had additional coverage not listed on the police report or he was working and his employers policy would kick in. Get a lawyer to investigate the incident.


  2. Yes you can.

    However, the insurer is only obliged to pay claims made against its insured when its insured is partly or wholly at fault.

    It is impossible for me to asses whether the driver of the second vehicle could have been partly at fault from your above description of the accident. If you would like to send me (fax or email) a copy of the crash report, I will be happy to take a good look at it and share my opinion(s) with you.

    We can also then discuss any questions you have; how much you may have already been compensated; where the compensation came from; other investigations that may need to be undertaken or completed; and what I consider your very best legal options to be.

    All of this will, of course, be free of charge and without any obligation!

    Best regards,

    Robert E. Fenster

    Robert E. Fenster, P.A.
    118 West Orange Street
    Altamonte Springs, FL 32714
    F: (407) 865-5706
    C: (407) 491-6973
    O: (407) 865-5705

    RobertFenster@FensterLaw.com

    *Personal Injury *Wrongful Death *
    *Car, Truck and Motorcycle Accidents *
    *Insurance Claims * Disability Claims *

    *Board Certified Circuit Civil Mediator*
    “Don’t Litigate- Mediate!”


  3. You would have to demonstrate neglect on behalf of the driver who hit you.
    There are more than sufficient issues for you to consult with a lawyer.
    You need to retain one if you haven't already.


  4. To answer the main question, regarding finding liability on the other vehicle, I'd have to ask you several questions and discuss the incident in more detail. You are welcome to call me to talk about your claim.

    Good luck.

    Our opinion and position stated above is not determinative of your rights and you are free to other legal opinions. Should you decide the retain a lawyer, you should do so immediately as a statute of limitations may preclude bringing the claim in the future.


  5. Without a lawyer, you will get either #1. no money or #2. a tiny nuisance settlement. Car accident cases are tricky, and a lawyer would need to be retained to recover money for you. FInd a lawyer with a low contingency fee, less than 30% with no costs deducted, so you are left with the lion's share of the settlement, not your lawyer. Good luck.

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


  6. To win a case against the owner/driver of another vehicle requires you to prove that the driver of that vehicle acted negligently (without approproate care). It sounds like you only have a case against the driver and owner of the car that was headed in the wrong direction. But do talk to a lawyer about other theories of recovery and other potential sources of damages.

    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


  7. To be clear, I think it would help to have a better understanding of the actual mechanics of the accident events. The other lawyers are all correct that you can only recover monies from people that are at fault in the accident, not those that are just involved. As you would imagine, if someone sought damages from YOU because you were involved but not at fault, I have no doubt that you would find that terribly unfair, and rightly so.

    However, the way you described the accident, the vehicle in FRONT OF YOU, seems to have hit a car travelling in the other direction but is not clear as to which lane the impact occured. If the vehicle in front of you crossed the line and impacted the car in the other lane, AND THEN was thrown back in to you, I would suspect you would have a very good case against the driver in front of you. This is why I think many of my colleagues have additional questions.

    Mark Tischhauser, Esq.
    Tischhauser Law Group
    Tampa, Florida
    1-800-922-6442


  8. Yes, Florida follows what is called "pure comparative negligence" where each party may be held liable for damages based on their percentage of fault. In addition, it is important to make sure that you have truly exhausted your insurance benefits from this accident. It sounds like you've received a policy limit settlement from the primarily at-fault driver's insurer, and you have exhausted your PIP benefits. However, you may also have Uninsured/Underinsured Motorist Coverage through your insurance policy that will cover your medical expenses, and continuing medical care.


  9. if the driver of vehicle that struck has done nothing wrong to cause the accident then florida law does not provide a cause of action. you need to look to your own policy to see if you carry uninsured/underinsured motorist coverage.

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