Legal Question in Personal Injury in Florida

my son fell from the back of a pickup and shattered his elbow, the driver says she did not know he was there and said he jumped on the back of the truck so it was his own fault. she will not give me any insurance info. i found out the vehicle is not hers but is the owner's of the property on which the accident occurred. his ortho doctor will not see him unless i get a claim # from the car ins co because they said they cannot use his medical ins for a vehicle accident. who is responsible, my son, driver, vehicle/property owner? for any medical fees.


Asked on 11/13/12, 12:42 pm

3 Answers from Attorneys

Michael Tobin Michael M. Tobin, P.A.

Of course your son is responsible for his own medical bills but he may becovered by some insurance. Your facts do not make it clear if he owns a motor vehicle with no-fault benefits or has individual medical insurance. Did he jump on back of pickup? Why did he fall off? Did she know he was there?

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Answered on 11/13/12, 1:01 pm
Angelo Marino Angelo Marino Jr. PA

If you have auto insurance, contact your own company for payment of the medical bills. That is what no-fault is all about.

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Answered on 11/13/12, 1:10 pm
David Burns David H. Burns, P. A.

Assuming the accident occurred in Florida, your son is entitled to automobile no-fault benefits in the following priority order (but from only one insurer):

1- His automobile insurer if he owns an automobile;

2- If he lives with a relative (including you), then the automobile insurer of the closest relative living in the same household as your son;

3- If neither of the above applies, then from the insurer for the owner of the truck involved in the collision.

If your son owns a vehicle or lives with a relative who does, he will not be entitled to no-fault benefits (80% of medical bills and 60% of lost wages up to combined total of $10,000) from the owner of the vehicle involved in the accident. He will, however, be entitled to make a bodily injury liability claim against the driver of the vehicle (and owner if different from the driver) if the driver was at fault in the accident.

You (or your son if he is an adult) should consult with an experienced, Florida personal injury attorney. There is a 4-year time limit for filing suit on a liability claim and a 5-year time limit for filing suit for no-fault benefits.

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Answered on 11/13/12, 1:14 pm


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