Legal Question in Personal Injury in Florida
I am a Pysician under training in Florida. I was involved in an accident in January, 2010 . I was not a fault though I hit the car as the car was stopped on a wrong lane on a express way on Jan 10th. The other party got ticket and has 3 violations 1. Improper lane change / Pull out 2. Crash Failure to provide proof 3. Expired registration in last 6 months.
I was transported to county hospital had some ct scans for my chest and body to rule out bleed and there was no bleed and I was discharged 3 hrs later with some Percocet for body aches. About 10 days prior to this I was admitted in the same hospital for about 6 days for spontaneous carotid dissection after SCUBA diving in my neck and was treated by neurologist and got discharged once I was fine.
I went to work next day after accident as I do not want to miss my work as I was on sick leave earlier. The first 2 days were fine but 2 days later I got intense pain in my neck and my left shoulder. I took percocets, tramadol. I have seen my neurologist he prescribed some meds and did ultrasound of my neck and was told not to worry. I took Tramadol and flexeril for 2 moths for neck pain and now my pain is mostly resolved except frequent low intensity headaches.
Initially this accident affected my work my hands are shaking during work and am very anxious about all this but now I am fine. I was paid about 3400 USD for my car 98 corolla which is totaled . I accepted.
My ER visit costed about 15k and I was told taht all my medical bills will be covered by the my insurance which Progressive(Policy 10 K bodily injury and 1000 deductible) and other party's state farm including Insurance ER visit. My progressive insurance paid about 9K and still about 6k is yet to be paid. I was told that the other party insurance Statefarm will be taking care of remaining bills. The other party is very slow in acting but I was told that I will get paid lump sum one time and I have to sign release forms. Their agent offered me 7.5 K.
I want clarification regarding payment of my medical bills if I accept their lump sum payment. I called my Medical isurance which is very good with 0 copay and I was told that they the amount 6 K will be takne car by my primary medical insurance and I donot have to pay anything. But other party auto insurance company says that I have to pay the bills with the money given by them and not by my medical insurance.
Please advise me regarding this . Do I need to hire an attorney for this case.
Thank you for your time
2 Answers from Attorneys
It's always best to let an attorney look into this matter. Realize that the insurance company is going to look out for its best interest no matter the situation. If you're going at this alone, they will likely treat you as a low-threat or no-threat claim and you will get bottom dollar for the true value of your claim. Based on your information, it seems that $7500 may be inadequate compensation for this matter. As for the medical bills that have not been paid by your PIP, you will most definitely have to pay them from the $7500 that State Farm is offering you. If your health insurance pays anything, and you settle with State Farm, your health insurance will place a lien on the proceeds of your claim and be entitled to be paid back by you as well. Be careful. If you wish to consult this further, you can reach me at the number below.
Cordially,
Jos� A. Negroni, Esq.
Negroni Law Group, LLC
954-321-6115
How much insurance does the other party have? If more than 10K, you need a lawyer. See www.FL-PI-Lawyer.com
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