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Who will handle at fault cases?

Tampa, FL |

I was at a gas station trying to merge on to the road. There is a car in front of me, which while merging into the left lane stopped. I was looking at the traffic to my left and tried to merged on to the road. Doing so, I rear ended this stopped car at 5-8 miles /hr(courtesy:progressive snap shot).
This car stopped and then went ahead and hit a car in the left lane. and went across the road, in the opposite direction, took a left and hit a tree. She is injured, I think my insurance limits will not be enough.(25/50/25). I am looking at options on what to do next, in case she files a case against me.? I am looking for an attorney who will handle at fault cases.? But, most of the lawyers i spoke do not handle at fault cases.

Also, I am not injured. Nothing happened to my car as well. no scratches. My insurance company is aware of this and are working on it. I am clueless about what is going Also, what if my insurance company gives up after paying off all the policy limits? the case has been successfully resolved by my insurance company. Thanks a lot for all your valuable suggestions.

Attorney Answers 8


  1. Best answer

    First of all, make sure your insurance carrier knows of this. The carrier has two major duties -- first, they must defend you and second, they must pay up to your policy limits. The attorney assigned to represent you will do everything he/she can to make sure there is a settlement within your policy limits, thus protecting you from personal exposure. By the way, the attorney is free of charge to you -- that's one of the reasons you pay premiums!!

    I wish you luck!

    Dan

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. Call your insurance company and report the accident to them. They will hire a lawyer to defend you if a lawsuit is filed against you.

    Until you retain this firm and we have an attorney client relationship, nothing stated above should ever be construed as legal advice on which you may rely in your actions. If you would like to discuss further, please contact me. Jason Holbrook, Esq. Holbrook Law www.holbrooklawpa.com Sarasota Office 1990 Main Street Suite 750 Sarasota, FL 34236 (888) 908-7824 toll free (941) 538-7878 phone (941) 538-7879 fax


  3. Report the matter to your carrier. They will assign a claims agent to handle the matter, and, if necessary a lawyer to defend the claim.


  4. You need to turn this matter over to your insurance carrier and give them the opportunity to settle the claim within policy limits.


  5. Your insurance company will provide a lawyer to defend this.


  6. Contact your auto insurance company. They will assign the claim to an adjuster who will handle the defense of the case for you. If you are claiming injuries, you can treat and get benefits under your auto Personal Injury Protection. However, you must initiate treatment and have all of your injuries documented within 14 days. If you have collision under your policy, your insurance company should also pay for the cost of repairs. Based on your description of the accident, I would not represent you for injuries you may have sustained.


  7. You could also retain private counsel to analyze the situation, and if appropriate attempt to get the case settled within your policy limits.

    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


  8. you need to make sure that your insurance companies tenders your policy limits. under florida law your insurance company has a fiduciary duty to protect you within your policy limits if they knew or should have known that the case could have been settled within the same. if your insurance company fails to protect you they could be found in bad faith and would be responsible for the damages in excess of the policy limits

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