Legal Question in Traffic Law in Florida

Yesterday morning I had gotten into an auto-accident with a person. I currently am insured. The person had been walking his moped/scooter on the side of the road, and as I was passing, the person had moved the vehicle ever so slightly into my lane as I was pretty much on top of him. I BARELY hit the moped/scooter, but it fell down.

I called my insurance and the police, and I was given the ticket for the accident. The person had refused EMS and had walked off after the accident with his moped. The next evening (not sure how he got my number), I had received a text from the man saying he had a broken leg and injured spine and was "told" to sue me.

Long story short, I thought I was paying for Bodily injury insurance but I don't have it (to my dismay), and only work 20 hours a week . I don't have anything under my name but debt and a 1997 cavalier..and I am really worried. Can he sue me? I can't afford anything..which is why I thought I was paying for 10k bodily injury insurance.

Asked on 4/23/13, 9:53 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Yes he can sue you. Your insurance would not cover a pedestrian GENERALLY speaking. However, he might have his own PIP (no fault) insurance. You should talk to your insurer to see if they can see if he has insurance because they have a right to subrogation and it is in their interest to be sure.

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Answered on 4/23/13, 10:25 am

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