Legal Question in Personal Injury in Florida

A scooter slid into me at an intersection with two pedestrians on the scooter. The owner (female) was on the back seat and a male steering in front seat thought I was going to make a southbound left turn; so the pedestrians on the scooter tried to get off the scooter to avoid a total impact. The female hopped off rear and the male was pinned down under scooter after sliding into my bumper. No damage to my bumper but the scooter was damaged. Both male and female did get up and walked away with minor injuries. My insurance company received a release of bodily injury claim from the male but the female has hired an attorney and after 14 months demanded a settlement of liability limits of 15,000 and according to the female has $24k worth of medical bills. About $9k over my liability limits. Also a personal financial affidavit of me. My assets are about $10k (mobilehome, ira and car).

If the plaintiff's attorney asked for a demand for settlement of my policy limits for $15k and a personal financial affidavit, and the actual claim was $24k, can they sue me for the balance if I have only $10k in assets?(florida)


Asked on 9/21/15, 3:29 pm

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

If they accept !5k and sign a release, no. If they are seeking more than 15K , retain a private attorney to protect your interests.

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Answered on 9/21/15, 4:53 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

Yes they can sue for additional damages beyond the medical expenses including what are called intangible elements such as pain and suffering and mental anguish, etc. if your insurance company had the opportunity to settle within the policy limits and did not than you would have a bad faith claim against them. Best to hire an attorney to press your insurance company to settle the case within the policy limits. The key for you to remember is that the case is not limited to the medical expenses alone but the intangible damages which are impossible to measure on the facts presented.

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Answered on 9/22/15, 7:08 am


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