I would suggest you immediately consult with a local personal injury atty to get help with your rights as a result of your injuries. While consulting for that, the atty should be able to tell you what the other driver can and cant do. If the other driver is from out of state, his ins is probably from another state and may be different than Fla policies. Florida law would apply to what, if anything he can do to you.
You should seek legal counsel at once. A review of the police report, medical records and other evidence would be needed to sort this matter out. You should get counsel in your State.
You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net
First of all, I hope your injuries are not too bad and that you will recover. Fault for an accident is not detemined by a police report. It is determined by a jury and the police report is not admissible evidence. In addition, the traffic infractions are not admissible. In situations like the one you described, fault be assessed against both parties. This is known as comparative negligence. You should immediately do two things. First you should speak with a personal injury attorney regarding the injuries you have sustained. Second, you should have your attorney demand that your insurance company defend you against any claim that the other driver may pursue against you.
This is not a situation you should deal with on your own. Get experieinced legal help.
I am sorry to hear about your accident. Hope you are feeling better.
"Fault" is not a black and white thing. In Florida, a jury can allocate fault based on a percentage and assign percentages of fault to each driver.
I would need to know more facts about your case. Please feel free to give me a call to discuss.
Nothing in this answer is to be interpreted as legal advice. I would need more facts to fully assess your case.
I am sorry to hear that you were involved in this accident and were taken by ambulance to the hospital. As a former accident victim, I know what it is like to be in an accident, injured and dealing with fault and insurance companies. Fault is determined by the evidence and not police reports or traffic citations. In Florida, accident reports are not admissible evidence. Evidence is gathered by other means and determined by a jury. The "new Florida law" that you are referring too applies to personal injury protection benefits, otherwise known as the Florida No-Fault law . It applies to the payment of your medical bills and wage loss and unfortunately does not stop the other party from coming after you. Of course, the more time passes the harder it will be for the other person to prove his injuries. The burden of proof in Florida is on the suing or claiming party to prove fault and their injuries. Hope this helps. If you do not already have an attorney representing you, I would be happy to consult with you regarding this matter. Consultations are free.
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