My attorney dropped the case and said my medical insurance funds are spent. What should I do know?

Asked over 1 year ago - Lake City, FL

This is in regards to a car accident last month. I am injured and only able to work part time due to injury for the next month. Also, the attorney said he could not afford to go after the defendant because it appears he does not have assets. The attorney said he used an internet search out of his office. The attorney said I can go after the defendant, attorney said he just can't afford to. So, basically he dropped my case. Not sure what I can do. I can't speak to my car insurance company until I obtain a letter attorney dropped my case. The defendant also has car insurance and was charged with careless driving and following too closely. He told the police officer he never seen my car due to the sun in his eyes. He also, has to appear in court for the careless driving citation.

Attorney answers (7)

  1. Jason M. Melton

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    Contributor Level 13

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    Answered . Most likely you were dropped because there was no applicable auto insurance for your accident. That would include BI coverage from the owner and/or driver of the at fault driver and I'm assuming you also did not purchase any Under or Un Insured Motorist (UM).

    You absolutely still have the courts available to seek a judgment against the at fault party - unfortunately you may be spending significant time and resources for the benifit of a worthless piece of paper.

    You should seek a second opinion before you give up the idea of seeking out a claim.

    Best of luck.

  2. Henry M. Rubinstein

    Contributor Level 9

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    Answered . Find a new attorney.

    Legal disclaimer: Please note that this answer is not intended as legal advice rather it is meant for... more
  3. Don Paul Harvey

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    Contributor Level 16

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    Answered . Most likely the tortfeasor doesn't have bodily injury insurance, and you don't have uninsured motorist insurance, as both are NOT required under Florida law. Call around, but getting a piece of paper that says you are entitled to money is only half the battle. The real challenge is getting it in your hands, especially if there is no applicable coverage.

  4. Tanya Marie Bachand

    Contributor Level 15

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    Answered . You should consult another personal injury lawyer in your area. I do not understand the lawyer indicating he will not pursue a case when the defendant has insurance, even if the defendant himself has no assets. It could be that there is very little insurance coverage (10K is the minimum in Florida). However the PIP coverage in Florida should cover both your medical bills and your lost wages. If your insurance policy limits exceed the other drivers insurance, you will also have underinsured motorist benefits from your insurance to pursue. Your lawyer probably sent you a letter stating that he would not be pursuing your case and informing you of the statute of limitations. You can send a copy of that to your insurance company as proof he is no longer your lawyer so that you can speak with them directly. But do not give up, you have a case, you just need an experienced and responsible personal injury lawyer to help you with the process. Best of luck.

    This is general advice and does not establish an attorney-client relationship.
  5. Clifford M. Miller

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    Contributor Level 19

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    Answered . if the person you are going to sue has neither assets nor insurance, you will recover nothing. But, I do think you should have another lawyer review your case to be sure.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  6. Christian K. Lassen II

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    Contributor Level 20

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    Answered . Have another lawyer in your state investigate.

  7. Scott J. Corwin

    Pro

    Contributor Level 18

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    Answered . As the other attorneys have stated, you may want another attorney to examine your case and advise you further in your car accident case. Best of luck.

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