Legal Question in Personal Injury in Florida

Injured in car accident

My son-in-law was injured in a car accident caused by a off duty sheriff who was speeding. Whose insurance company is liable for the loss of the car and personal bodily injuries?

Thanks.


Asked on 2/15/02, 8:38 pm

3 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Injured in car accident

There are many intertwined issues involved in this matter. Generally, his property damage should be covered by the tortfeasor's insurance. In this case, however, the sheriff's office is most likely self-insured. You won't be dealing with an insurance company, per se. If your son-in-law was covered by a top rated insurance company, it will in all likelihood pay for his property damage, and seek reimbursement from the tortfeasor.

Because Florida is a no-fault state, your son-in-law's personal injury protection coverage will cover his medical bills up to $10,000. He would need to review his policy to see if he had MPC -- that is medical payment coverage above and beyond the statutory PIP coverage. Your son-in-law is not entitled to recover for the medical bills that were covered by his insurance.

Frankly, there are many issues that need to be discussed that simply can't be addressed through an e-mail consultation> Your son-in-law should schedule a formal consultation with a lawyer. Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck.-Elliot Goldstein (attorney with offices in Tampa & St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 2/16/02, 6:36 pm
Michael Tobin Michael M. Tobin, P.A.

Re: Injured in car accident

In Florida both the driver and the owner are responsible. Was he driving his personal car or the Sheriffs?

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Answered on 2/18/02, 3:23 pm
Anthony Comparetto Comparetto Law Firm

Re: Injured in car accident

If you are in Florida. The party at faults insurance company pays for the car damages. Under our no-fault system your son in laws insurance company pays for medical bills up and until a doctor says he is permantly injured. Then you go after the at fault party. For more info and a FREE online newsletter on handling auto accident cases go to www.helpwithlaw.com and click on the auto accident section. Good luck.

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Answered on 2/16/02, 9:05 am


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