auto accident: rear ended and driver at fault does not have bodily injury liability. Was driving a couple friends to work in his car (his license suspended) when slowed down to turn corner (5-10 miles) car behind was texting and did not notice, slammed into us 40+ miles in rear. He was charged with Failed to use due care and operating while DL suspended/canceled/revoked. I have insurance and drivers license. What happens now? My policy 25,000 bodily injury, 25,000 uninsured motorist, 10,000 pip and 10,000 medical payments. I am pretty messed up from this..what are my rights. Thank you.
Yes, you can be compensated for your injuries for your accident wherein you were not at fault. Seek the advice of a qualified Personal Injury attorney in your area immediately. It is also imperative you seek medical treatment ASAP and at least 14 days from the date of your crash to ensure you qualified for your $10,000.00 in Personal Injury Protection (PIP) Benefits. The longer you wait to treat the more the insurance company will argue you were not severely injured. Seeking medical treatment will also aid in the documentation of your injuries which will be critical to pursuing your claim.
You are smart in that you elected UM coverage so you should be able to make a claim under your UM and a PI attorney will be able to navigate you through the process and ensure there is no other coverage available to you. Your med pay coverage can also be used to pay the medical bills you incur as a result of the crash.
Make no mistake though - even though it is YOUR insurance company and you have purchased and presumably timely paid your insurance premiums for your UM coverage, the insurance company will do all they can to defend your claim so seeking an advocate on your behalf will allow you to level the playing field.
Best of luck to you.
Potentially, yes. Seek proper Medical care. Determine if the vehicle you were driving will afford you additional UIM. Contact a Personal Injury attorney and discuss all issues related to the accident including work related. You can view our Avvo profiles and see if any fit your preferences.
My response is my casual opinion and should not be taken or relied upon as legal advice. No communication here is intended to establish an attorney-client relationship.
The first thing you need is medical treatment within 14 days of the crash. Next, you need to hire a Florida personal injury attorney. Your attorney will obtain your medical records and bills after you are done treating for your injuries and send a demand for payment to the insurance companies.
Please look at the profiles of the attorneys who have answered your question and see if you think one of us would be a good fit. You can also use Avvo's find a lawyer tool.
My answers are not legal advice, and I am not your attorney unless I agree to accept your case and you sign a contract. Avvo is only a general question forum, so you should seek a consultation about your specific legal needs. Please forgi want typographical errors. I'm often replying via via my cellular phone. .
You should speak with a personal injury attorney as soon as possible and makes sure that you sek medical treatment from a medical doctor within 14 days of the crash to protect your PIP (personal injury protection or no-fault) benefits which covers your medical bills up to $10,000. Additionally, you indicated that you have $25,000 in uninsured motorist coverage so you may be able to recover up to that amount since the at-fault driver did not have bodily injury coverage. A personal injury attorney will help you with this. You can use the AVVO find a lawyer tool to help you.
Yes you can be compensated. Your medical bills should be covered through your PIP insurance and the $25,000 UM coverage is available to cover your pain and suffering. You may be have additional coverage if you stacked your UM, but I'd have to see your policy to make this determination.
You should speak with multiple Florida personal injury attorneys and choose one with whom you feel most comfortable. We all provide free consultations. Please let me know if you have further questions.
Nothing in this answer is to be interpreted as legal advice. I would need more facts to fully assess your case. This does not establish an attorney-client relationship.
I would recommend to seek out medical attention first. After, you can contact an attorney that handles personal injury. That attorney can do a search to see if the driver has any Bodily Injury (BI). In addition, the attorney can do a search to see if the vehicle owner (if different than the driver) has a BI policy. If those two policies have no BI, then you can make a claim against your own insurance company under your uninsured motorist (UM) policy. In addition the first $10,000 in medical bills or lost wages could be covered under your PIP coverage. My recommendation is to find an attorney that does personal injury. Get well soon and good luck!
Nothing in this answer is to be interpreted as legal advice. I would need more facts to fully assess your case. This does not establish an attorney-client relationship
Based on your information, there is coverage to seek medical attention and damages. You need to call a personal injury attorney asap.
If the person responsible for your accident has no BI coverage, it is possible to investigate a claim for damage against the texting driver. From the facts you related, you have a claim for uninsured motorist benefits under your own policy as well as a claim for PIP and medical payment benefits. Navigating your own claim can be difficult and frustrating, so you may want to consult with an experienced personal injury attorney to discuss your rights and remedies.
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