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patan_kumar | I had a car accident had a total loss on my car. I was hit by another driver who was at 100% fault.? |
I incurred a back injury and visited the chiropractic doctor 14 times. I had a MRI, massages, and exercises done. I feel better now. The visit to the doctor cost me $1500 and the MRI cost me another $1500. I had a coverage for PIP for 10000 and the guy who hit me had a full coverage on his car.
My attorney is filing a case against each of these companies.
My lawyer is telling me that I dont have a valid case because I didnt sustained a permanent injury. My attorney had asked with my doctor for my medical release.
I was also paid $4500 for my car by ALLSTATE (The insurance company of the guy at fault).
I am a full time student and trying to complete my school on loan. So I haven't worked from the day of my accident to this date.
So my attorney is filing for a settlement with both of the insurance companies. So I am going to get any money from this? I had a doctors bills for $1500, MRI cost of $1500 and a $4500 for my car.
So how much is my case worth now? I am in florida |
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MSAD
|
It's been a long time since I dealt with Florida - so adj/attnys from that area may can tell you more ...but here goes..
Florida is a "no-fault" state - which means they have Personal Injury Protection coverage. Each driver files under their PIP coverage for their medical bills up to 10,000 (you may also have Medical Payment's coverage that can help too). This is regardless of whose fault the accident is (hence the nick name "no fault").
In order to collect for "pain and suffering" you have to break threshold - having a permanent injury breaks threshold and would allow you collect from the other person's liability.
Since your bills are less than 10,000 and you do not have a permanent injury then you can not recover more. But look at it this way...since you were such an honest person and did not run up a bunch of un-needed medical treatment nor fake a permanent injury - maybe karma will be kind to you..and if you ever have a wreck that is your fault.. you will be fortunate enough to hit someone who is honest and not some greedy Bas***d who is out to just rip off an insurance company and make everyones premiums go up. |
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zyberianwarrior
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because you got an eggplant involved (smart move) he will tajke his cut and their insurance company will pay for everythign plus pain and suffering you wont get rich but expect to see 1-3k in addition to your losses already sustained. |
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mamatohaley+1
 |
mbrcatz is correct. In Florida you have to have sustained permanent disability in order to collect. You are out of luck. |
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CarolSandyToes1
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Don't know how long you'll have to wait. The same thing happened to my daughter last October. A woman drove off the highway ramp at a good clip and attempted to drive straight across the road, right in front of us. My daughter tried to avoid her, but couldn't, and she sustained a pelvic injury. She didn't realize this until the next day and had to go to the hospital. She also had to withdraw from college, lost her job, and see a chiropractor for nearly 6 months. By the time she was discharged by her doctors, she had also missed the spring semester. She finally was able to return to work, but lost her student aid for this year because she withdrew 3/4 into the Fall semester. It has been nearly a year since the accident, and she hasn't seen a dime to help cover the cost of her car, which was totaled as was yours. She doesn't even care about the lost wages at this point, and luckily she had good health insurance. Although we know it wasn't my daughter's fault, there weren't any witnessnesses. So, to sum up, her injury still bothers her, she has been without a car for nearly a year (which makes it difficult for her to go back and forth to work) and cannot return to college, at least this semester. And although we haven't heard from any insursnce reps, the lady might still sue her. Cute huh? I wish you better luck than we are having. |
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rainbeauclown
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So, is this YOUR lawyer or is it your INSURANCE company's lawyer? Does your insurance company insure the other guy who his you too? If so, get your own lawyer. In any case, get a second opinion from a lawyer recommended by the Bar Association, because my gut says the lawyer who is blowing this smoke up your skirt has his hand in somebody's pocket.
You ought to be able to recover not only your medical costs, but also an equal amount in pain and suffering. Also, who says it isn't a permanent injury? Your lawyer? Is the lawyer a doctor? I had an accident with soft tissue damage about 20 years ago, and I still have recurrences of the soft tissue problems. 20 years later. Maybe the recurrences will stop, or not. Don't let him off the hook. Get a second opinion and do it before your lawyer talks your doctor into saying that you are *CURED*. Just because you don't appear to have a permanent injury doesn't mean you don't have a valid claim. My *opinion* is that your lawyer is a quack.
Best wishes with your NEW lawyer, the one referred by the Bar Association. |
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logan p
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well go to geico cuz i just saved 15% or more on my car insurence |
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ktlove
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allstate gives you money for your car.
your insurance company gives you up to 10,000 for the medical bills. PIP does have a very little available for loss of wages.
PIP is primary, if your bills do not exceed 10,000 then you will get nothing else from allstate.
What you were going to get from your insurance comany is your medical bills paid UP TO 10,000. you were gonna get that with the lawyer or without. except now you have to pay the lawyer.
do not use 1800askgary
your not getting anything more, sorry to say, insurance companies are not in the business of handing out gobs of cash |
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mbrcatz
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Did you already post a question like this? Florida is a NO FAULT STATE. You can ONLY collect under your OWN POLICY - there's NO PAIN AND SUFFERING in FL, espeically as you have no permanent injuries.
You and your attoerny will get your $10K from YOUR pip coverage - and your attorney will take his cut. Getting the attorney was probably a mistake, as he's not going to get you anything you wouldn't have gotten on your own, you could have "settled" without him, and NOT given him his 30%. Plus, having an attorney just delays everything. |
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sage
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You should get more money than that. Well you deserve it, I don't know if you will get it. You should be paid for lost wages and any other expenses you had to pay for. Plus you might see about adding pain and suffering to that as well. Maybe you should go to another lawyer for a second opinion. Make sure you sue to get money for your lawyer fees too. Good Luck. I hope this all works out for you *hugz* |
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John W
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good luck, you should be entitled to some more money. depends how much you're car was worth... good luck! |
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ivan dog
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you should be able to get money for lost wages if your doctor says you couldnt work during that time
and should get all money you paid out back
plus you should have life time coverage for any back pain that may come back later
B. |
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lavease
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I was represented by an attorney in an accidental case and was paid by the other parties insurance and now the other parties insurance wants to sue me after I am no longer represented. Neither party recieved a sitation for the accident; however the officer stated in the body of the accident that I was at fault by reason that an another invovled individual description of the accident. As I spoke to the subrogation unit they are not saying they paid in error. It's just I am in debt for the other partied injuries. Can a insurance company then come back and sue me? It's like they want their money back. Holla back. |
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