I’m feeling really stressed out right now. On July 4, 2024, I was involved in a car accident where I rear-ended a vehicle that made an unsafe right turn into my lane, even though I had the right of way. Because I was going faster, my car was seriously damaged and the insurance declared it totaled, but fortunately, the other car only sustained a small dent.
A few weeks later, I was hit with a lawsuit claiming bodily injuries. However, based on my account and the police report, my insurance concluded that I wasn’t at fault. The case went to arbitration, and I was awarded a decision in my favor. Subsequently, my insurance informed their lawyer that they wouldn’t cover the other party’s injuries and they closed the case.
Now, fast forward to today—I was served with another lawsuit for injuries claiming over $50,000. I reached out to my insurance, and they’ve mentioned the possibility of settling, which I’m okay with as I just want this to end. The catch is that they plan to negotiate within my policy limits, which are only $10,000. If no agreement is reached, the costs could exceed that amount, and I’m really worried about being left with debt for an accident and injury that I honestly don’t believe they sustained.
Just as a side note, I’m located in Florida, which is a no-fault state. I’m feeling unsure about what steps to take next.
I’m sorry to hear that you’re going through such a stressful situation. It sounds really overwhelming, especially since the case didn’t seem like it was your fault from the beginning. Here are some steps you might consider taking:
Stay in Contact with Your Insurance: Keep communicating with your insurance company about the progress of the case and their plans for settling. Make sure you understand how they plan to handle the situation and what your options are.
Seek Legal Advice: It might be beneficial to consult with a personal injury attorney who has experience with Florida law, particularly regarding no-fault insurance claims. They can provide you with guidance specific to your case and help you understand your rights and responsibilities.
Document Everything: Keep all records related to the incident, including the police report, correspondence with your insurance, and any medical reports that may come into play. This information will be helpful for you or your attorney.
Understanding Your Policy Limits: Familiarize yourself with the specifics of your insurance policy, including the limits on bodily injury claims. This knowledge will be crucial if your insurance company does not cover the full amount.
Explore Payment Options: If it comes down to a settlement that exceeds your policy limits, discuss potential payment arrangements with your attorney. They might be able to negotiate a payment plan or settlement that is more manageable for you.
Consider Alternative Dispute Resolution: If negotiations don’t go well, keep in mind that you have options like mediation or further arbitration, which could be less stressful than going to court.
Stay Positive: While this situation is undoubtedly stressful, remember that you have taken the right steps by reaching out for advice and keeping a clear record. Focus on what you can control, and try to take care of your mental health during this time.
Take things one step at a time, and know that it’s okay to ask for help. You’re doing your best to navigate a tough situation.