Legal Question in Personal Injury in Florida

Auto Accident caused by non-citizen

I have a friend in Florida who was rear-ended in an auto accident by a non-citizen student. The student had no insurance and no assets. She says that he only had to pay a fine and that she can't sue. She is injured and in pain. Is there any way she can recover damages?

Asked on 6/26/07, 12:31 pm

5 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Auto Accident caused by non-citizen

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There are several possibilites but without more information it is hard to say what is proper in this situation.

First, she can always sue anyone, even if a foreign person, and obtain a judgment for damages. Collection may be difficult, but not impossible as the world gets smaller in this day and age.

Second, she can obtain at least $10,000.00 in PIP benefits for medical bills if she is insured. This is the minimum amount required by Florida law to be carried although not everyone does what the law requires.

Third, if your friend has uninsured motorist coverage, she can make a claim against her own policy for damages incurred as a result of the accident.

Fourth, if the other driver was driving a rental car, she may have a claim against the insurance policy that the rental agency requires for a foreign driver or alternatively against the agency itself.

Fifth, if the other driver was driving a borrowed car, she may have a claim against the owner and/or insurance policy of the owner of the other vehicle involved in the accident.

Your friend should consult with a qualified attorney who can review all of the facts of this matter and who can help her determine if any of these possibilities are proper avenues for her to pursue. Cases of this nature are generally taken on a contingency basis if the damages warrant the filing of a legal action.

Scott R. Jay, Esq.

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Answered on 6/26/07, 10:59 pm
Philip DeBerard Accident Law Offices of Philip DeBerard

Re: Auto Accident caused by non-citizen

If there is no insurance by the person who hit her. She needs to use her auto policy. Her auto policy coverage should provide PIP benefits for her. She should call her insurance professional

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Answered on 6/26/07, 12:41 pm
David Slater David P. Slater, Esq.

Re: Auto Accident caused by non-citizen

yes. Have her call me as I handle these matters.

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Answered on 6/26/07, 12:57 pm
Alan Wagner Wagner McLaughlin, P.A.

Re: Auto Accident caused by non-citizen

There are a number of options. First, her policy will provide $10,000 of benefits. If she has UM coverage, she will be able to sue as well. If the person without a license was driving a car owned by someone else, that owner is responsible for the driver's negligence. You can certainly sue the driver as well. Please have your friend contact a lawyer in the area where she lives.

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Answered on 6/26/07, 3:31 pm
David Davies Law Office of David H. Davies

Re: Auto Accident caused by non-citizen

If your friend has auto insurance she should be able to recover despite the fact that the other person has no assets or insurance. It would be a good idea for her to call an attorney to help her with this. I have been handling these types of claims for over 30 years and am licensed in both Ohio and Florida. If your friend calls I will be happy to talk to her-no cost or obligation.

Good Luck!

DH Davies

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Answered on 7/02/07, 12:29 pm

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