This answer is not specific legal advice, nor does it establish an attorney client relationship. Generally, you will probably want to , and may have a duty to alert your auto insurer and and perhaps your homeowners insurer if it happened on your property. Depending on your policy coverage, there will probably be PIP coverage, and generally liability coverage as well, dependent of course on your policy terms. You do need to be aware however that your insurer can consider claims filed when determining the cost or renewal of your policy, so reporting may cause policy costs to rise, but if you need surgery, and do not have other health insurance, you may not have an option. Even with health insurance there may be a health insurer claim against the auto insurer.
Sorry to hear about your accident, hope you aren't in too much pain..
To answer your first question, yes, I would report this to your auto insurance company. In your policy you have a duty to cooperate with them and reporting accidents would probably fall into this category.
After you do the basic reporting, I would consult with an attorney before speaking any further with the insurance company.
Under Florida Statute 316.065 your husband may have a duty to report this to the police. If you or he called 911 that may qualify; we would just need to see if an accident report was prepared.
Given the fact that the Dr. is currently thinking that surgery is necessary it would be a good idea to get an attorney involved. Most attorneys will be willing to take your case on a contingent fee basis which would mean that you would not have to pay any money unless there was a recovery.
I work with my father who has been handling auto accident cases in Florida for the past 30 years and would be happy to speak further with you about what can be done. feel free to give me a ring if you would like to chat further; we handle cases in Tampa and would be happy to help.
I don't think you want to hear this, but...
assuming that you were married at the time of the incident and living together and probably on the same auto policy, I expect that your auto policy will pay PIP benefits and deny liablity coverage. I think one of my colleagues mentioned your homeowner policy... I have never ever seen an HO policy that did not exclude auto-related injuries.
Dennis Phillips, Esq., Florida personal injury & wrongful death attorney
www.inawreck.com. Negligence is no "accident" (TM)
Member: Million Dollar Advocates Forum, Mensa, Florida Bar, American Association for Justice, Florida Justice Association, Palm Beach County Justice Association, Broward County Justice Association
Your auto insurance No-Fault will cover you up to the limits, which are generally $10,000. If you had medical payments coverage on your auto policy, that too will cover you. As to any liability coverage - likely you are out of luck due to exclusions in auto insurance policies for household relatives.
You should report this incident immediately to your automobile liability insurance carrier. If you have personal injury protection or medical payments type coverage on your vehicle, that coverage should pay for your medical bills up to the limit of the coverage you purchased.
You also have a potential claim against your husband for his negligence. Generally you can sue a spouse, at least up to the limit of liability insurance which the spouse carries. You should consult a personal injury attorney in your area, particularly if your PIP or Med Pay coverage does not satisfy all of your bills.
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 insure proper advice is received.
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