Legal Question in Personal Injury in Florida

At fault drivers insurance company goes under weeks after an accident. They are taken over by FIGA and put into receivership for liquidation. The company handling the claim on behalf of FIGA (NCA) has presented the injured (the person their insured hit) with an extremely low ball settlement offer. The injured also had to file a proof of claim in the liquidation case. Their proof of claim is for the full amount of their outstanding medical bills and according to the timeline on the case, payments under the case are not even going to be paid out until March 2013. Does this mean that the amount NCA is offering is separate from the amount claimed in the case? A demand package was submitted to NCA for the full amount of the at fault drivers limits $10,000.00. Injured party has over $11,000.00 in medical bills. Injured driver also filed a claim against their own insurance UIM policy demanding the full $25,000.00 and now their adjuster is stating that they will not present them with an offer until they know what the other company is offering.


Asked on 8/08/12, 9:05 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need an attorney to assist with this claim. It sounds like you have personal injury claims that justify both the underlying policy limits and your UM. Attempting to handle this on your own is a mistake. You dont get the underlying policy simply because your bills exceed the policy limits. The issue is still negligence of the insured and the injuries you sustained as a result. If the bills are unreasonable, they would not be responsible for them. If the treatment is not all medically necessary and related to the accident, they wont pay those. Did you have underlying PIP and was that paid? Is there a deductible? Please consult with an attorney before you make any final decisions.

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Answered on 8/08/12, 9:15 am


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