Legal Question in Personal Injury in Florida
auto accident
I was hit from behind, have moderate whip lash injury. I'm told my case will likely settle for under $20,000. The at-fault driver has only minimum mandatory FL. insurance. So any settlement I get for medical beyond PIP will come from my uninsured motorists. I've been told that the insurance company will eventually go after the at-fault driver personally to recoup the settlement because he didn't have sufficient coverage. I'm concerned about this, as he appears to be poor. Don't want to create a hardship on him, or hurt his credit. Is this true that the insurance company will go after this guy? Any way to prevent that, short of not seeking a settlement at all?
2 Answers from Attorneys
Re: auto accident
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
No. After you settle with your insurance company, they will reserve the right to subordinate their payment of your claim against the other party.
Scott R. Jay, Esq.
Re: auto accident
Yes, if you can get your insurance company to waive subrogation. They do not have to but they may. Advising them that you would not be seeking compensation from the atfault driver would not make them more likely to waive subrogation though.
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