Legal Question in Personal Injury in Florida

Re: Policy limits

Might be. Depends on whether that is the limit of the available coverage and, if so, whether the person has the means to pay you and if she can be forced to do so. It is difficult in Florida to force people to pay money that is owed to others. O.J. Simpson lives in Florida for a reason, and it is not the weather. The Enron people built nice big multimillion dollar houses here in Florida fdor a reason as well, and it was not the view.

Re: Policy limits

Since the other party had only a $10,000 liability policy there is a high probability he has few assets. You may want to have an investigation do an asset check. You should also check your own policy for uninsured motorists coverage to protect you in just such a situation and buy limits of $100,000 or a million.

Re: Policy limits

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.

It is very possible that this is all the insurance that the other party has in place. Florida has horrible laws regarding the requirement of liability insurance for drivers of automobiles. Currently, the mandatory PIP coverage (personal injury protection) is about to be eliminated. The only way an attorney can advise you on this subject is to see the declarations page of the other driver's insurance which I would presume your attorney has done.

Of course, if you have underinsured motorist coverage, you can file a claim against your own insurance. I am guessing that you chose to carry less than full coverage as this has not been mentioned.

Scott R. Jay, Esq.

Re: Policy limits

It depends if no other insurnance is applicable. Do you have Uninsured Motorist coverage? Do you live with anyone that might have it? Did the person that hit you own the vehicle? Was he working at the time of the accident? Any assts?

I usually make the insurance company make their insured fill out an affidavit answering many of these questions. However, in many cases there is no other money to get besides getting a judgment that only as good as the piece of paper it is on. But that does not apply to ALL cases.

I do sue people who have no insurance, so feel free to contact me if you have any questions.

Re: Policy limits

While this may be true, there are circumstances wherein an insurance company with a minimal limits policy and high exposure; that is, when there is liability on their insured's part and extensive injury damage or loss ( as in possibly your case) caused by their insured, must tender those limits within a short period of time. Their failure to do this might make them liable for the full extent of your injury or loss under certain "Bad Faith" laws. An analysis of your circumstances should be made by a lawyer knowledgeable about personal injury and bad faith before accepting any minimal policy limits.