my husband was hit by a truck while riding his bike. the police report says the other party failed to stay in his lane. my husband has a broken leg and a scar across his back as well as back pain. the witness stated she saw the other party run off the road and hit him. we got a personal injury lawyer but they dropped us due to the other partys insurance wont pay for bodily injuries or loss of wages. is there anything we can do? the medical bills are piling up.
A more detailed explanation as to why the first lawyer dropped your case is necessary. It would be smart to get a copy of your file and then meet with a new attorney to get another opinion and see what your options are. Just because an insurance company states it will not pay does necessarily not mean you have no case.
It sounds like the other party's insurance does not cover bodily injury liability. So, the next question is whether you carried uninsured or underinsured motorist coverage. If not, the question is whether there are other sources of recovery. These might include the personal assets of the driver the owner of the car the future husband or if the driver was on an errand for somebody else the assets of that person.
You need to retain a personal injury lawyer and ask those questions of that lawyer. I would also have an asset search run on the potential defendants. The cost of the assets search should be less than ten dollars.
I would recommend that you consult with another personal injury attorney immediately. I have personally found liability insurance where to first attorney thought there was none. Sometimes it's good to get a second opinion.
Ligori & Cappy, Attorneys at Law
A lawyer will do an asset search on the the truck driver and owner if different. You can do your own on line research to see what property they may own,you can do a case search on them with the court clerk and if you want you can hire an investigative service to locate assets if you have a name and date of birth.This should help you determine if pursuing an individual claim with be worthwhile.
Florida is one of the few states which does not require bodily injury liability insurance. When the other party is uninsured, you need to turn to your own uninsured motorist coverage which is on a vehicle you own or is owned by a resident relative in your household. If there is no coverage anywhere, you will need to personally sue the owner and operator of the vehicle which struck your husband and attempt to collect against whatever assets they may have available.
If this information has been helpful, please indicate below.
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 ensure proper advice is received.
first get a copy of your file from your prior attorney, see if they received a copy of the trucks insurance policy, it is possible that they are driving without Bodily injury insurance which we can thank our wonderful republican legislature for. if that is the case then you need to look on your own auto insurance policy to see if you carry uninsured/underinsured motorist coverage. when you retain your next lawyer make sure they are board certified
Get free answers from experienced attorneys.
24,822 answers this week
2,650 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary