injury liability question

Injury Liability Inquiry

A few weeks ago, I posted about a potential injury lawsuit in Florida where I was deemed at fault. Since then, I’ve learned that the other driver’s medical expenses have totaled $10,000, with Personal Injury Protection (PIP) covering 80%. He is now seeking reimbursement for the remaining $2,000. Additionally, he has underinsured motorist coverage, but his insurer seems reluctant to pay, prompting him to hire a private attorney.

I see two potential scenarios here:

  1. If his insurance company approves the underinsured motorist claim: Should I anticipate that the insurance provider will seek reimbursement from me directly? What are the implications if I am unable to pay this amount?

  2. If his underinsured motorist claim is denied and he moves forward with his attorney: How likely is it that they will pursue payment from me, and what consequences could I face if I cannot fulfill this obligation?

One thought on “injury liability question

  1. It sounds like you’re navigating a complex situation, so let’s break down the potential outcomes you’re considering.

    1. If his insurance carrier accepts the UM claim:
    2. Generally, if the insurance company pays out on his underinsured motorist claim, they may seek reimbursement from you through subrogation. This means they could look to recover the amount they’ve paid for the claim from you directly.
    3. If you’re unable to pay, it could lead to a few scenarios, including a possible judgment against you. This could result in wage garnishment or a lien on your property, depending on the legal journey.

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

    5. In this case, if the private attorney takes on the case, they may be more aggressive in pursuing you for the costs, especially if they believe they have a strong case.
    6. If you cannot pay, the attorney could take legal action against you, which might lead to a court judgment. The same potential consequences apply, such as wage garnishment or liens, depending on the jurisdiction and laws in Florida.

    In both scenarios, it’s important to communicate with your own insurance provider and possibly consult with a lawyer to understand your rights and options fully. They can help you navigate the potential legal ramifications and negotiate with the other party’s attorneys if necessary.

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