Car accident, PIP exhausted, at fault party does not have bodily injury coverage

Car Accident Update: Navigating Insurance Challenges in Florida

A few months ago, my dad was involved in a car accident here in Florida. The other driver ran a stop sign, causing a collision that totaled my dad’s car and deployed the airbags. Luckily, he sustained only minor injuries, including a sprained thumb and ongoing neck and back pain. He received medical attention at the ER, where they conducted a full workup and CT scans, and he has attended a few physical therapy sessions for his discomfort.

In terms of insurance, the at-fault driver is covered by State Farm and has informed us that they do not have bodily injury coverage. My dad’s insurance, All State, recently notified us that his PIP benefits have been exhausted due to the ER visit. This is our family’s first significant accident, and we’re relatively new to handling these situations. Unfortunately, we didn’t have uninsured motorist coverage and weren’t fully aware of the implications of opting out of it.

I requested a signed uninsured motorist rejection letter from All State, but I’ve been given the runaround. They informed me that I need to request policy forms through an attorney, which we haven’t secured yet.

Now, we’re facing bills from the ambulance, CT scans, and physical therapy visits that PIP hasn’t covered, and my dad is still dealing with pain that may require future treatments. While he does have health insurance, I’m uncertain about the next steps. Should I reach out to his health insurance to help cover the medical expenses? Is it advisable to hire a lawyer at this point? Any guidance on how to navigate this would be greatly appreciated.

One thought on “Car accident, PIP exhausted, at fault party does not have bodily injury coverage

  1. I’m sorry to hear about your dad’s accident, but I’m glad to hear he’s okay. Here are some steps you can consider taking:

    1. Contact Health Insurance: Yes, reach out to your dad’s health insurance provider to inform them about the accident. They may cover some of the medical expenses not covered by PIP. Ask them about the process for filing claims related to the accident-medical bills.

    2. Discuss Future Medical Needs: Keep a record of all his current and future medical needs related to the injury. This documentation can be important, especially if you decide to pursue a claim.

    3. Consider Legal Representation: Given that the at-fault party doesn’t have bodily injury coverage and your PIP has been exhausted, it might be wise to consult with a personal injury attorney. They can help you navigate potential claims, negotiate medical bills, and advise on whether pursuing additional compensation is feasible. Many attorneys offer free consultations, so you can discuss your options without financial commitment.

    4. Uninsured Motorist Coverage: It sounds like the situation is complicated by the lack of uninsured motorist coverage under your policy. An attorney may be particularly helpful in assessing if there’s any way to recover additional damages or if you have any other options available.

    5. Documentation: Make sure to keep all records related to medical bills, accident details, and communications with insurance companies. This information will be valuable whether you decide to hire an attorney or pursue claims on your own.

    6. Potential Options: Ask your attorney about pursuing a claim against the at-fault driver personally, even though they lack insurance. Depending on their financial situation, there may be assets that can be pursued.

    It’s understandable to feel overwhelmed by the process, but taking these steps can help you get a clearer picture of what to do next. Good luck to you and your dad!

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