Legal Question in Personal Injury in Florida

auto accident

If I was run over while riding my bike in the state of Florida and the person who ran me down only has $50,000 in bodily injury protection, can I sue for more than that amount and who would I be suing? Him or his insurance company? If a jury awarded me $100,000 does his insurance company pay me the $50,000 and he must give me $50,000 also in whatever form he may have it in like a car or house or whatever?


Asked on 8/01/99, 11:34 am

1 Answer from Attorneys
David Austin Burke & Eisner, P.A.

Re: auto accident

First...If you were struck by an auto and you serious injuries, then get legal help. The insurance company will look to pay you as little as possible.

If the person who hit has 50K in coverage then you can possibly recover that. If your damages are higher then you look for more insurance. Was he driving someone else's car was he working at the time and much more. If no other insurance is found then you may go after his assets. It is not as easy as getting a judgment and then the person "gives" you his house or whatever he has. If you are trying to get assets after a judgment, then you have to execute on the judgment and try to take the asset.

All this said is a general description. I do not practice in Florida. I work with several excellent lawyers down there though who would be happy to explain this to you. Feel free to contact me. 1-800-838-0800

Dave Austin

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Answered on 8/06/99, 2:00 pm


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