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

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

Posted

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.

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Jason M. Melton

Jason M. Melton

Posted

Bear in mind, the at fault party may have had insurance, but no BI coverage. This unfortunately is a problem in Florida as the legislature has continued to allow motorists to lawfully drive with no mandatory Bodily Injury coverage.

Asker

Posted

Thank you everyone has been so helpful. Mr. Melton thank you for your rapid response to my question.

Jason M. Melton

Jason M. Melton

Posted

You're welcome.

Posted

Find a new attorney.

Legal disclaimer: Please note that this answer is not intended as legal advice rather it is meant for informational and educational purposes. No attorney-client relationship is created or is intended to be created by this answer. The answer relates to only Florida law. The facts of each legal matter or issue are different and you are urged to contact a licensed attorney to discuss the specific facts of your case and legal issues. less

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Posted

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.

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Asker

Posted

I don't have underinsured motorist coverage though and $8,000 has been spent on my medical bills is all the insurance will tell me for now. I did ask the attorney at sign up to reserve some of my PIP for lost wages (5,000) and it appears he assumed I had uninsured motorist coverage. I am certain I asked my attorney and he agreed to save funds. When he called me on Friday he said he received a letter my medical has been exhausted and dropped me. I received the same letter from the insurance company. The attorney said that the lack of coverage by both parties was rare. And from what I research all day, the driver does not have assets and rents a one bedroom apartment that is more like a hotel. He claims to be on disability and after speaking to him for a while, I believe him. So, now what should I do . I am hoping I can have the insurance still pay part of my lost wages or medical treatment...Something.. Do you think with this extra information I learned I am now at a dead end.

Posted

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.

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Posted

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 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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Posted

Have another lawyer in your state investigate.

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Posted

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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