I suffered a herniated disc and will have to see doctors for the rest of my life and the at fault driver only has 10000 in bodily
All i have is the necessary insurane for myself ie pip and liability
It is too bad you do not have Uninsured Motorist insurance. Have you checked to see if there is a different person that owns the car and has a separate policy? was there anything more to the accident. For instance was there an obstruction like a low hanging tree that blocked the at fault's driver view. sometimes, there is more than meets the eye even on car accident cases. Please make sure that any policy you write in the future has UM benefits. It is critical in a state like Florida that has so many uninsured drivers!
Since you know the other driver's insurance coverage, I suspect you already have a lawyer. If so, you should discuss your questions with your lawyer. If not, you should contact a qualified and experienced lawyer to discuss your questions.
It is hard to tell from your question what type of insurance you have. If your 'liability' insurance includes underinsured motorist insurance, you may be able to assert a claim through that policy. If not, you may have limited options, including your own health insurance.
Please do not hesitate to contact me if you would like to discuss further.
Are you certain that the policy limits are only $10,000? Have you received a certified copy of the policy? Do you have any uninsured motorist coverage? Are there any other potentially liable parties, such as the owner of the car if he/she is different from the driver? These are just a few of the questions that I would have. I am located in Tallahassee, please feel free to call me if you would like to discuss your matter. 850-222-7777 or email@example.com
Unfortunately, you may have to pursue the defendant individually and attempt to collect from whatever income or assets the person may have. Your unfortunate situation illustrates the importance of purchasing as much underinsured motorist coverage as you can afford. If you had uninsured/underinsured motorist coverage, you could pursue your claim against your own carrier up to the limits of your purchased coverage and then your company would end up pursuing the adverse party, not you.
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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.
As alluded to by my colleagues, your question begets more questions that only a detailed look at your case can answer. But, your situation is instructive as it highlights the critical importance of having uninsured/undersinsured motorist (UM/UIM) coverge, which you apparently do not. But, if you do have bodily injury (BI) liability insurance, your insurance company would be required that you specifically reject UM/UIM coverage. If they did not, you would have coverage equal to your BI limits. You will also want an assets affidavit from the at-fault party. Please feel free to call me here in Tallahassee at 222-9700 if you wish to discuss further. But, whether it's me or another good plaintiff's attorney, I strongly urge you to contact someone soon. Good luck.
You can recover more than $10,000 bodily injury limits in certain situations. The case will have to be reviewed by a personal injury lawyer who will evaluate the medical records, the treatment, medical bills and the policy of the negligent party’s insurance company. Also, in other situations, the negligent driver can be sued personally. Please make sure that you have purchased uninsured/underinsured motorist (UM) automobile coverage, so that your bills will be paid in case this happens to you again.
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Unfortunetly, some people only carry minimum coverage and cause injuries that require costly medical expenses and life long pain and suffering. If you have health insurance it can be used to cover your additional medical bills. You can sue the individual for damages, but most people that only carry minimal insurance won't have enough assets to make pursuing the claim worthwhile. This is why having uninsured motorist coverage is so important. This is a common situation in Florida.
The at fault driver is legally responsible for all past and future medical bills caused by the collision, but it is likely that he/she would not be able to pay for all of those bills out of his personal assets.
If you have health insurance, it will continue to pay for your bills. If you do not have health insurance now, you will need to obtain some type of health coverage in the future.
Unfortunately, your future medical bills are your responsibility IF the opposing parties $10,000 has been tendered; and, your PIP has been exhausted. The above answer assumes that an asset check was conducted on the at-fault party; and, they were found to have no assets. If you had purchased uninsured motorist coverage, then your UM carries may have had some responsibility up to the applicable policy limit.
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