Legal Question in Personal Injury in Florida

I live in Florida and was involved in a rear collison in which the other dirver was cited and admitted fault. I was stopped on an exit ramp on I-95 and she was traveling at 70mph on impact. I was knocked out and the roof had to be cut off the car to get me out. The other party walked away. I spent two days in the hospital where I was told I may need back surgery. State Farm is the insurance agency of the at fault driver and is also my Insurace agency. When I got home I was told over the phone that the driver at fault had a 200,000/300,000 policy by the State Farm Agent and then again by my Agent. Now 8 months later they are telling me it is a 25,000/50,000 policy. I aked for a disclosure page and I receive one with an expiration date that is earlier than the accident and the last digit on the pocily is a 1 instead of a 4 as indicated on the police report. I was offered $20,000 to settle my bills exceed that and debt collectors are calling me. What should be my next move? I never contacted an attorney and I don't know how to proceed. There may not be any money here to pay the attorney. How do find out what the real amount of the policy is? Is there a State Agency that I can turn to for answers?

Asked on 10/18/10, 5:34 am

5 Answers from Attorneys

Melvin Wright Colling Gilbert Wright & Carter

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You need to hire an attorney and have them file suit immediately to get to the bottom of this. An attorney and a court can force production of all available liability insurance information, including excess or umbrella coverage, on top of any existing primary coverage. Sounds like someone could be misrepresenting or mis-stating the primary coverage.

www.TheFloridaFirm.com

Answered on 10/23/10, 5:40 am

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Leland Garvin Garvin Law Firm

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Sounds like they are up to something fishy...

It would be wise to hire an attorney before you proceed any further, most attorneys who practice in this area of law will offer a free consultation and also will not charge you any fee unless any money is recovered. The attorney will also be able to negotiate with your medical providers and and attempt to have them lower their bills. The attorney should also be able to keep the debt collectors at bay and assure them that once the case is resolved that they will be paid.

There may be more insurance coverage here and an attorney will be able to dig around and find additional coverage if it exists; for instance there may be additional coverage on your policy that could help you in a situation where your bills exceed the other drivers insurance limits.

I disagree with the previous attorney in one area, I would not file suit right away. We would want to try to get to the bottom of this before suit is actually filed. The filing of a law suit can increase the cost to you and may not be necessary at this point. If the filing of a law suit becomes necessary I would be fully prepared to file it at the appropriate time.

If you would like to chat further, my office is here in South Florida and I would be more than happy to discuss your case and wouldn't charge you for the talk or try to pressure you into signing anything.

My cell phone number is 954.294.2005

take care,

-Leland

Answered on 10/23/10, 6:26 am

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Michael Tobin Michael M. Tobin, P.A.

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First checkyour own policy to see if you have uninsured motorist coverage. State Farm does not write 200/300,000 so you were misinformed. They do write 100/300 and 300/300. On written request they are obligated to furnish you with a copy of the other cars policy along with an affidavit affirming that the information is correct.When I deal with a low policy limits settlement I also require that the driver and owner of the car provide me with a certified financial statement, a copy of his/her last years income tax return plus a showing the car was not being used for a business ormission for another. It is a standard form I have used to smoke out other money. My office does charge $500 for such a consultation and investigation but it can result in substantial reward to you.. My cell phone is 305-305-3351.

Answered on 10/25/10, 10:41 am

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