injury liability question

Question About Injury Liability

A few weeks ago, I shared my concerns about a potential injury lawsuit in Florida, where I was deemed at fault in the incident.

I’ve since learned that the other driver’s medical expenses total $10,000, with PIP covering 80% of that. He is looking for reimbursement of the remaining $2,000. Additionally, he has underinsured motorist (UM) coverage, but his insurance provider is hesitant to pay, which has led him to hire a private attorney.

I see two possible scenarios in this situation:

  1. If his insurance approves the UM claim, should I anticipate that the insurance company will pursue reimbursement from me directly? What would happen if I am unable to fulfill that payment?

  2. If his UM claim is denied and he moves forward with his private attorney, how likely are they to seek payment from me, and what could the consequences be if I cannot pay?

One thought on “injury liability question

  1. It sounds like you’re navigating a complex situation, and it’s good that you’re seeking clarity on the potential outcomes. Here are some insights into each of the scenarios you’ve outlined:

    1. If his insurance carrier accepts the UM claim:
    2. It’s likely that the insurance company would seek reimbursement from you if they cover the remaining $2,000. This process is known as subrogation, where the insurance company has the right to recover the costs it pays on behalf of an insured party from the at-fault party.
    3. If you are unable to pay, the consequences can vary. The insurance company might pursue a payment plan, but if payment isn’t possible, they could potentially take legal action against you to collect the debt. This could lead to a court judgment, which may lead to wage garnishment or liens against your property.

    4. If his UM claim is denied and he pursues a private attorney:

    5. If he hires a private attorney, the likelihood of them pursuing payment increases. The attorney will likely file a lawsuit against you to recover the damages that were not covered by insurance.
    6. If you are unable to pay a judgment resulting from this lawsuit, similar consequences can occur as mentioned before. The attorney may seek a court judgment and could potentially pursue collection actions such as garnishing wages or placing liens on your assets.

    In both scenarios, it’s important to communicate with your own insurance provider and consider consulting with a lawyer to understand your rights and obligations better. They can help you navigate the potential legal implications and provide guidance on how to protect yourself financially.

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