Unfortunately in Florida carrying bodily injury coverage is not yet mandatory. The fact the person hit you while intoxicated may allow for you to seek punitive damages against this driver. It's very important to seek advice of an experienced personal injury attorney to determine your rights of recovery and to determine if going after him personally will turnout to be fruitful.
Fortunately, it sounds like you had uninsured motorist coverage which everyone should have for this exact reason. Hopefully you have made a full recovery.
No in FL you are required to carry PIP which covers 80% of your medical bills and 60% of your wage loss to policy limits. YOU DO NOT HAVE TO CARRY BODILY INJURY INSURANCE in Florida and unfortunately, most don't. You probably need counsel to assist you in verifying if there are any assets worth going after. THE GOOD is you have UIM from the sounds of it. So at least there is an avenue of recovery to pursue from.
Given the nature of the crash -- drunk driving crashes are not "accidents," and the extent of your injuries, you really would be well served by consulting with an experienced personal-injury attorney. Most offer free consultations. More importantly, s/he can explore all the facts, potential avenues of recovery and theories od liability in an effort to get you the best reault possible under the circumstances. If Ii can help, please feel free to reach out to me (888-957-4878) and best of luck to you!!
No. The other driver is not required to carry any insurance which benefits you in personal injury situation. Fortunately, you have PIP and UM. You need to speak with an attorney immediately.
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Your own PIP covers the first $10,000 of medical bills. You can pursue a claim against your UM, which stands in the shoes of the at-fault driver. An investigation also has to be made into other potential sources of recovery.
Contact counsel (most experienced injury attorneys offer free initial consults) immediately to discuss your circumstances and next steps.
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This sounds like a severe injury scenario with complicated coverage issues.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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This ans. does not create an attorney/client relationship.
This case can best be handled by an experienced personal injury lawyer to help you navigate through these coverage issues. In Florida, the at fault party is not required to maintain bodily injury liability coverage, which is why, as was suggested by other posts, most drivers carry UM/UIM coverage to protect themselves. Your PIP coverage will cover your medical bills up to 10k in Florida, and you can access your own minimal um coverage once there is a showing that at fault did not have bodily injury liability coverage. Review your policy to confirm your um policy limits, is it stacked or non stacked ?
Regarding your injuries, they seemed serious enough for your um insurance company to immediately tender/pay its minimal policy limits.
If you experience any problems collecting from your um insurance company, i suggest you seek assistance from an experienced personal injury lawyer. I handle these types of cases in Florida and you are welcome to contact me for free consultation.
Best of luck,
Mandatory bodily injury liability coverage in Florida has not existed for 30+ years. You should pursue claims under your own PIP policy and UM. Perhaps you should sue the drunk driver also, depending on whether a judgment against him would likely be recoverable.
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I think you got it backwards, PIP is for you, he should have BI, for bodily injury, but in Florida he is not required to carry BI. Now, you have UM for your uninsured motorists, like this one and that is a smart coverage. Get an attorney who can maximize your recovery. UM can be tricky sometimes.
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