by chobits » Mon Feb 14, 2011 03:45 am
On jan 2009 my brother was driving home when he switched from the right lane to the left. A few clicks later he was struck from behind. He got out of his jeep to see if the other driver was ok: The driver said she was ok but her passenger was saying no you have to go to the hospital. About a couple minutes after the accident occurred a female police officer pulls up and ends up giving my brother a ticket for "illegal lane change", my brother was shocked but of course he felt he had no say in the matter due to it being a cop. The other drivers car ended up being towed. My brother had only the required liability insurance which is required in the state of florida but nothing more. He followed all the necessary steps with his insurance company. The adjuster came out took his information and of course said "everything will be fine. He payed the ticket and did the required schooling so he would not get points on his license due to the ticket, but now fast forward a couple of years, he was served a summons by the other drivers insurance in a sue for over $26,000. They state his insurance provider at the time refused to pay. He has 20 days to respond; a year prior my brother suffered a heart attack and had stints put in, he has to take nitroglycerin, plavix and other medications; he is only 32 and is working but the medications alone are expensive. What, if anything can he do? What kind of a lawyer will he need for this type of case. The lawyers from this insurance company are threatening to have his license suspended and its stressing him out more. Since the cop at that time gave him the ticket I am assuming he will be considered liable. If we file a continuance will that be enough to give him time to get a lawyer. Any advise would be greatly appreciated. Thanks in advance.
Posted: Mon Feb 14, 2011 02:13 pm Post Subject:
First, the Complaint needs to be given to his insurance asap! They need to file an Answer within the alloted time. Your brothers insurance company will hire an attorney to represent your brother. If your brother wants to hire his own attorney in addition to the one paid for by the carrier, this is his right. That expense would be paid by your brother.
Your brothers carrier will provide (pay for) your brothers defense. Very few suits actually go to court in FL (I think it's less then 1%. Mediation is mandatory in FL so if the claim cannot be settled everyone will first go into medication and almost every claim is settled there.
Minimum limits in FL are $10,000. The other person's medical bills would have been paid by their own carrier's PIP coverage up to his/her limits. That carrier has a right of recovery for the amount they paid but they will usually waive it. Your brothers carrier will do everything they can to settle the claim w/in your brothers policy limits. Its also possible that the attorney wants to be paid the limits as his client has underinsured motorist bodily injury. Meaning, he only way he can collect that is to be paid your brothers policy limits. Again, your brothers carrier does not see the others person's claim is worth $10,000 or the attorney just blind sided them with the suit.
Posted: Tue Feb 15, 2011 04:38 am Post Subject:
Thank you for your response!!
My brother has in fact contacted the insurance carrier he had at the time of his accident. Unfortunately they are claiming that they payed what was required for the damage caused to other drivers vehicle in the amount of $8,000: But when he asked for copies of payments they payed and the letter they "supposedly" sent him regarding his policy limits, the adjuster on the other line could not find the information at that time and said she would have her team work on getting him the papers. AT the time of the accident he only had property damage of $10,000 each accident and personal injury protection of $10,000 each person but no bodily injury or uninsured motorist protection. He has tried getting legal counsel but each lawyer we call will not even give us the time of day because this is not a case they can take on contingency and unless he has $5,000 to just retain a lawyer, which he does not have, he is pretty much in trouble.
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