what can i do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
what can i do?
i caused an acc 3 years ago in wich i left the scene.i paid my debt 2 society. my insurance company paid for the damage to the car but i didnt have bodily injury. three years ago their lawer ask for 4,456 now state farm has subrogated their rights and is trying to get 15,000 for money they paid to the other driver ,who isint mentiond in the lawsuit. if i lose the case can i sue the state of florida for allowing me to purchase insurance that wouldnt cover me if someone got hurt ??this doesnt seem right to me!! also the damage that occured was different that what was on the acc report.
Asked on May 11, 2009 under Accident Law, Florida
Answers:
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Florida is a no-fault state when it comes to auto insurance, and the requirements are that you carry PIP (personal injury protection) coverage which covers most of your medical bills, lost wages, pain and suffering, etc., and property damage liability to cover damage you cause to someone else's vehicle. Bodily Injury Liability coverage is not required, but is a good idea to purchase in case you have an accident and the other party's PIP limits are exceeded. Medical Payments coverage is also not mandatory, and supplements PIP by covering the 20% of medical expenses that PIP doesn't cover. Now, if the other party to the accident was injured, her insurer may not subrogate for PIP expenses, but may subrogate for Med Pay expenses. Since you had the option of purchasing Bodily Injury Liability coverage or not, you cannot sue the state for allowing you not to purchase that insurance. It was your choice. Before you pay anything, you will want adequate proof from the other party's insurance company that they actually paid out that much money and that it was paid under Med Pay, not PIP. You need to consult with an attorney in your area to respond to the lawsuit and get further advice with regard to discovery.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.