Legal Question in Personal Injury in Florida

Hello. I got into a motor vehicle accident 2.5 years ago. A man in a truck hit me (but I was cited). The man refused ambulance service at the scene then later claimed he was hurt. The man was not driving his own vehicle (it was his brother's). Problem is that neither myself or the brother had uninsured or under insured drivers insurance since it is not required in Florida (only PIP and property damage are required UNTIL you get into an accident and then BI is required). My insurance payed for repair to both vehicles and I believe that the man sued his brother's insurance for his supposed injuries (after he called my insurance company trying to get the check to repair the vehicle to be made out to him). Initially the brother's insurance called me and wanted me to accept the responsibility for his injuries. I told them no. Then 2 different collection agencies were calling me night and day. Then a law firm was calling me. Now a different law firm is calling me. Do they have a case against me or are they just selling my case to whoever thinks they can get me to pay?


Asked on 9/03/14, 2:28 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

When they sue you, call me. I have experience in subrogation matters.

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Answered on 9/03/14, 2:55 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

If you have some responsibility for the accident, they can collect from you the proportionate actual injuries there is no way to know what that share should be. They can sue you for recovery of the damages they paid. You fact pattern is internally inconsistent since you say no one had UM coverage but than you said that he sued the brother's insurance for his injuries. Either they had a contractual obligation or not. Not sure based on facts as written.

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Answered on 9/03/14, 3:08 pm


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