Legal Question in Personal Injury in Florida

My son was a passenger in an AUTO ACCIDENT.!!!!!!

Hello,

a couple of days ago my son was going to the store with my friend.He was driving.(my son was in the passenger side)

And they stopped because the car ahead of them was turning.And as soon as they stopped a White Van going full speed plowed into the back of the car.The car is totalled.My son had to get stiches in his arm.And he has Neck and back injuries.And migrane headaches.I took him to the hospital immedietly after the crash and they stiched him up, took x-rays and gave him medication for the pain.And now the hosital said he has to go for or therapy for his neck and back.And i was wondering if this guy that was at faults insurance company is going to handle this.The guy said he had full coverage insurance and that they would take care of it.I was wondrering what steps i should take to get everything paid for and get my son compesated for pain and suffering.Please help!!!!


Asked on 10/09/00, 2:46 pm

3 Answers from Attorneys

Robert McCall Law Office of Robert McCall

Re: My son was a passenger in an AUTO ACCIDENT.!!!!!!

welcome to the wonderful world of Florida Personal Injury Law. First, you must notify your auto insurance company of this crash. Your carrier, not the person who caused the crash or the vehicle in which your son was a passenger, is primary; other carriers may be secondary at this time. Failure to timely notify your carrier may result in a forfeiture of coverage or other sanction. The person who caused the crash is not responsible unless or until the Florida No=Fault threshold is passed. Good luck.

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Answered on 11/06/00, 8:58 am
Michael Tobin Michael M. Tobin, P.A.

Re: My son was a passenger in an AUTO ACCIDENT.!!!!!!

Since your posting was Sept 9th I would hope you have already contacted an experienced Personal injury attorney for advice.Despit the fact that there is an insured at fault party, you should notify your own auto ins co as your PIP coverage first pays the medical bills. You may also have uninsured motorists coverage to add to the benefits plus any uninsured motorists coverage on the friends car. Only if your son has a "permanent injury" within the meaning of the no fault laws or permanent scar will he have an injury claim. The other insurance company should have contacted you by now to try to find out the extent of your son'd injury. Nevertheless I would recommend you cantact an atty immediatly to advise you and your son of your rights.The at fault driver may very well claim the car ahead made a sudden stop for no reason and try to avoid respomsibility. More important than the legal case is to be sure your son has the proper medical treatment as what appears to be minor can create life long problems.

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Answered on 11/05/00, 8:23 pm
Michael Tobin Michael M. Tobin, P.A.

Re: My son was a passenger in an AUTO ACCIDENT.!!!!!!

You did not mention your son's age. If he is a minor any settlement on his behalf will require court approval thru a Guardiansip proceding with the money set aside until he is 18 years of age.

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Answered on 11/05/00, 8:35 pm


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