What steps should I take to recover my losses from the accident described below?

Asked almost 2 years ago - Tallahassee, FL

I was hit head on by a driver who admitted he fell asleep at the wheel and ran across my lane of traffic and into a shallow ditch, then came out of the ditch and hit me. I am from Georgia and do not have PIP or any other type of medical on my car insurance. He is from Florida and has PIP and Liability in the amount of $10,000. My vehicle is worth $10,000, plus I missed 2 days of work, I'm currently driving a rental car, I had to go to the emergency room after the accident and I need to follow up with a doctor, because my left shoulder and side continue to cause me pain, which means I miss more work.

Attorney answers (4)

  1. John Clint Wallace

    Contributor Level 10


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . You might be able to qualify under his PIP insurance. Additionally, you can seek to recover from his bodily injury policy. You should contact an attorney ASAP. I am located in Tallahassee, please feel free to call me if you would like. 850-222-7777. Thanks, Clint

  2. John Michael Phillips

    Contributor Level 19


    Lawyers agree

    Answered . The value of every claim is chiefly based on what injuries you have. Clearly they owe full repair of your vehicle AND also your medical bills. Value of injury claims are based on medical bills, nature of permanent injury, and/or surgery/future treatment. Hire a lawyer.

    Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors. My recommendation is let an attorney handle this. I spent 8 years working for insurance companies and over a year working for the largest personal injury firm in the country before setting out to give clients personal service and help them fight these fights. It's hard to find someone these days with YOUR best interests in mind.

    Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved.

    For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. If you have any further questions, feel free to email me- jmp@knowthelawyer.com. Check out our website- www.knowthelawyer.com. We'd love to help you. Our number is 800-6-know-law. We handle Tallahassee, as well.

    Please CLICK the button if I HELPED or was BEST ANSWER. We also answer your questions on facebook- www.facebook.... more
  3. David J. McCormick

    Contributor Level 20


    Lawyers agree

    Answered . I would take up Attorney Wallace on his offer and contact his ASAP.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. David B Pittman


    Contributor Level 20


    Lawyers agree

    Answered . I agree completely with Mr. Phillips' answer.

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