Legal Question in Personal Injury in Florida
I was in a car accident that wasn't my fault. I spoke with an adjuster at the insurance company of the person that hit me and he mentioned that I may have to go through my home owners insurance to receive compensation for the items that were in the car that were damaged or that I wasn't able to take with me. The accident happened in another state and I had to fly home due to the car being totaled. We had been under the impression that they were going to ship the items that weren't destoyed in the accident then found out yesterday that they are not. It has been a month since the accident. We have been waiting to fax over the expense sheet because I thought that we needed to see the items that were supposedly going to be shipped so I would know what to request compensation for. Also, the hospital and doctors bills have not been paid as of yet and I received a letter from their insurance co. saying they have been trying to get in contact with me and if they don't hear from me within 10 business days they will close the claim. Can they do this?
2 Answers from Attorneys
You pose a number of good questions. You shoud prepare a neat listing of all the damaged items in your car with whatever supporting documentation you have or just your own affidavit of their reasonable value plus the cost of flying home. You should also notify your homeowners insurance as it covers usually 10% of your contents value damaged or lost away from home.
If you have a florida auto policy, your company is required to pay the first $10,000 in PIP benefits for your medical or lost earning capacity despite any fault. The damaged contents are the tortfeasors responsibility, not your homeowners. It may be that it is your faulr not thears if you simply left your luggage in the car..MORE IMPORTANT: WERE YOU INJURED?
Call today if you need help at 305-305-3351..
If the other driver was at fault (as indicated on the police report taken at the scene), then their insurance company is responsible for properly compensating you for your vehicle damage and any personal injuries that you may have.
At this point, you should immediately contact an attorney to begin handling your claim. I will need additional information to fully assess your case- however, do not post the specifics on this public website.
Please call my office for free consultation with our Georgia and Florida licensed attorney. [404.496.4119] Good luck.
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