Legal Question in Personal Injury in Florida

My sister was recently involved in a car accident. She was stopped at a red light and was rear ended by a car that hit two other cars first and then slammed into the back of her car. Her car is totaled. The man that hit her she came to find out did not have insurance, but he was not driving his own car. We called a lawyer from the hospital and met with them the next day. In their office she called her insurance company and reported the accident. The lawyer sent her to a doctoreto assess her injuries she has started physical therapy because she is suffering some pain shoulder, back ,wrist, legs, headaches. The problem is that her insurance only covers $10,000 for medical and she ran up an $8,000 bill in the hospital. The lawyer has not told us where this extra money is supposed to be coming from. What is she supposed to do?

Asked on 1/20/10, 11:18 am

2 Answers from Attorneys

Robert Wilcox Wilcox Law Firm
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It sounds like you have an attorney. He should tell you the answer.

A lot of times the additional medical fees are paid out of any insurance settlement. If your attorney sent you to a specific doctor, then the doctor probably is aware of your situation and that, as of now, you will find it difficult to pay him or her.

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1/25/10, 11:24 am
Jensen Grant Kanner & Pintaluga, P.A.
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Its going to come from the at-fault party and/or their insurance company. In this case, both the owner of the vehicle and the driver of the vehicle that started the rear-end collisions are potentially liable as a result of this accident. Some research would have to be done to see if there is any insurance for either of them, or if not, whether its worthwhile to try to recover from them personally.

Otherwise, your sister may have underinsured/uninsured motorist (commonly called "UM") coverage to recover from, on her own policy.

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1/25/10, 11:24 am

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