Legal Question in Insurance Law in Florida

settlement.

guestion, my brother was in auto accadent last year. he was found not at fault by the police at the seen,a 89 yr old man,hit him head on.since then he had to have back surgey.lumabr 1,2,3,4,pins so on. he will never be the same.the total cost of surgey 130,000.the 89 man.had a 100,000 auto libity, in the state of florida can he sue for more to cover the cost of his surgey.plus all the leans that everybody else put on him.since he cant work at all,he getting ready to lose everything.at the cost of 89 yr old man.i dont think thats rt for a 32yrs old lose everything he has,and the social security,tells him.he has to wait for a year and get a lawer for that.but at the same time.he cant only get food stamps. thank you for your time. sis.


Asked on 10/23/02, 11:59 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: settlement.

Yes he can. If the driver has assets they can be attached after judgment. Did your brother have underinsured insurance coverage? You may call me if you wish to discuss further. Good luck.

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Answered on 10/24/02, 2:50 am
Louis Lozeau Wright, Ponsoldt & Lozeau, Trial Attorneys, LLP

Re: settlement.

If the medical expenses and lost wages exceed the policy limits, your brother can go after the driver. If the driver does not have anything, it may be difficult. Your brother may also be entitled to pain and suffering.

Call if you have any questions. Good luck.

Louis Lozeau

772.286.5566

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Answered on 10/24/02, 7:29 am
Louis (Buck) Vocelle Vocelle & Berg, LLP

Re: settlement.

florida insurance law is very complicated. your brother may have had uninsured motorist insurance which would provide coverage over and above the $100,000. you can sue for more but the question is whther or not the at fault person has any assets other than his insurance. i see you are in Sebastian. I would be more than happy to discuss with you. cell 559-3476

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Answered on 10/24/02, 2:46 pm


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