Legal Question in Personal Injury in Florida
In Jan 2010 I was on way home from work and got stuck in right turn lane - two lanes next to me both headed same direction to home - left directional on to get in inside lane (late at night in heavily policed area near airport) looked back, one car only but in the lane further to left - barely got nose of my camry out into lane, girl had changed lanes and clipped me in front - she got out of car - first words were I was not speeding, you came in front of me, I son't hve my lic on me, was just out picking up medicine (one drugstore in area) she was beyond the drugstore the first time I looked back - I had only the name of my insurance , my name and phone written down so far - she gave me her first name and phone number - asked her for insurance - she ran to glove compartment and gave me a card, jumped in her car and took off. I called my husband first, then my ins - police officer there by now asking if i was in accident said yes but other party left - 2 days later, my ins states she has attny and is claiming soft tissue damage (i would place her in mid twenties)- yesterday, i received package forwarded to me for financial affidavits - called my ins company as they sent them to me and asked what the lawyer was demanding and what was she claiming were injuries - they told me exact same thing as in jan - soft tissue damage and told me that her attny had not made a demand yet - i questiioned this stating to ins that does it not usually start with a demand - my limits were 50,000 - other vehicle had no collision cov - old beat up 1994 camry. My insurance co stated well usually demand first but this time not - whole think reeks to me......car registed in city 45 min from where accident occurred however area is populated with bars. If getting medicine why out by airport when house 45 min away - why in such a rush to leave?? How do I know that after she took off from me that she did not have 2 other accidents and took off?? My insurance was going on and on about them suing, etc - I can not see where she has anything that substantiates anything but these financial things got be concerned - should I consume myself with worry?
1 Answer from Attorneys
First of all, your insurance will defend you in this lawsuit. Realize that insurance companies don't just give money away. They will fight this person's attorney at every turn. If in fact this person only has "soft tissue" injuries, then her claim should fall well beneath the $50k limits on your policy. It is rather odd that someone filed a lawsuit immediately without even making an attempt at working things out, but it is not unheard of. As for the crash, you may actually have a claim against the girl that hit you. Florida is a comparative fault state, which means she could be deemed at fault as well for the crash depending on the circumstances. If you were hurt, you may want to ask your insurance company about this. Good luck.
Jos� A. Negroni, Esq.
Negroni Law Group, LLC
954-321-6115
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