Legal Question in Personal Injury in Florida

Injured in auto accident by hit and run driver

On 9/26/99 I was involved in an auto accident where the car coming towards me was clipped by the car behind it, sent into my lane and we went head-on. The driver of the car that caused the accident (was trying to pass and hit the car when going back in) fled the scene. My injuries were extensive including 2 broken legs, a fractured hip and 7 ribs and 2 collapsed lungs. I have since had 2 operations on my legs. My PIP was exhausted immediately, my husband retained a lawyer for me while I was in the hospital. To date we have not found the driver, my lawyer states that I can take no action against anyone until the other driver is found. Is this true? Also, my private insurance co is paying for all medicals my auto didn't pay. My auto carrier released my uninsured motorist coverage to my attorney. My private ins wants to file a lien against me to get my uninsured motorist. My attorney doesn't tell me much or help me much. I have called other attorneys, as soon as they hear that we haven't found the driver, they tell me they can't help me. Please advise.


Asked on 3/07/00, 7:59 pm

1 Answer from Attorneys
Joel Cohen Joel M. Cohen,P.A.

Re: Injured in auto accident by hit and run driver

THANK GOD you weren't killed! This type of catostrophic accident is very frustrating to persoal injury attorneys too. First, be sure that you have collected all of the UM available under your policy.If you had more than one car on it, you could stack(or multiply) the available coverage by the number of vehicles on the policy.If there is no more coverage, get your attorney to negotiate the private carrier's lien;or even get them to waive it altogether. I dot want to step on your lawyer's toes, but in catastrophic cases I have significantly reduced my professional fees. I wish you a rapid recovery.

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Answered on 3/20/00, 9:22 pm


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