by Guest » Fri Apr 11, 2008 04:47 pm
I was involved in car crash in Florida . I am at fault , I feel very bad abt it . Unfortunately i didn't had BI Coverage. After 3 years, now i am getting calls ONLY so far, from the otherside insurance company to pay the med bills ( big amount ) other wise they are saying that they would be suing.
They said they are reaching me since i didn't had any BI coverage with my insurance company .
After 3 years can they still claim according to FL rules ?.
Is there any way to that i can reduce the amount , the i can't pay the amt they are asking .
I need some guidance .
Appreciate your answers and thanks in advance for your kind attention.
seek.
They said they are reaching me since i didn't had any BI coverage with my insurance company .
After 3 years can they still claim according to FL rules ?.
Is there any way to that i can reduce the amount , the i can't pay the amt they are asking .
I need some guidance .
Appreciate your answers and thanks in advance for your kind attention.
seek.
Posted: Sat Apr 12, 2008 12:03 am Post Subject:
Hi Seek, let's see if we can help you. Here's a link that may give you some helpful information:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/Sec11.HTM
Statutes of Limitation are a funny thing. Most people believe that the statute of limitation commences on the date of the initial activity, and this isn't normally correct. There's this thing known as the "date of last action" or "DOLA." Learn all you can on this.
It appears as if there's a 4-year statute on all negligence actions in Florida. Per your question:
After 3 years can they still claim according to FL rules ?.
It appears as if the answer is YES, they can, and will go after you. Concerning your next question:
Is there any way to that i can reduce the amount , the i can't pay the amt they are asking .
It's doubtful (not not completely out of the question) that they will volunteer to reduce the amount owed- this isn't a credit card that you bailed on. You are responsible for 100% of the injuries you caused, and it looks like the insurer is going to litigate if you don't work something out.
A few carriers will accept (not all carriers) a "promissory note" signed by you that will require you to pay "x" amount every month towards the debt. Don't hold your breath on this one- this has kind of gone out of fashion.
LORI- can you respond to the promissory note part?
If they sue you, frankly that doesn't mean a thing. They have to actually get the money from you when you lose a civil suit, which this is. They are, however, very good at getting their $$$ when they want it. If the insurer obtains a judgement against you (this will definitely happen if they go to court) they have a myriad of ways to get their money. They can levy your bank account, garnishee (it's NOT garnish) your wages, attach property and then sell that property, etc.
Take care of this before they get into court! Finally, you said-
Unfortunately i didn't had BI Coverage.
Is this your way of saying that you didn't have auto liability insurance at the time you got into the accident? I think it is, and this will go way beyond just the money. :cry:
Let us know what else you need, and I'm sorry this wasn't the most positive reponse you could have received.
InsTeacher 8)
Posted: Sat Apr 12, 2008 12:26 am Post Subject:
Don't ask me why but BI coverage is not mandatory in FL, only PD and PIP. Though most carriers will tell you it is (it was like pulling teeth to get USAA to admit to me that it was not required... they kept telling me it was).
So it's possible that you had PIP coverage. If you did, then the other party cannot collect the 1st $10k in their insured's medical expenses. If you did not have insurance, then they can.
As mentioned, statue of limitation is 4 years in FL. But I think if you make some type of offer, that time is extended. So be careful.
They _may_ file suit, not to walk out of court with money but rather to protect their right of recovery from expiring. If they obtain a judgement, the 4 year limitation does not matter. That is why they would file.
Would they take a lesser amount? Probably... but they _certainly_ won't tell you this up front and again, if you make an offer, they may not be limited to the 4 year statute (I'm not sure how this works). You can call them and ask if they would take less. If they won't, tell them to have a nice day (you state you can't pay it anyway).
Also, keep in mind that its probably not the carrier who is attempting collection... it's probably some 3rd party company, probably an attorney's office. If so, they are probably just using the dollar amount they were told and they are probably adding some crap fees that are not owed on top of that amount.
Posted: Sat Apr 12, 2008 05:00 am Post Subject:
But I think if you make some type of offer, that time is extended.
tcope, I couldn't guess what type of offer you are referring to!
Posted: Sat Apr 12, 2008 12:20 pm Post Subject:
Couple of things...in order to get them to accept less you will likely have to pay the entire (reduced) amount...no payments...I would never accept a reduced amount then allow payments to be made...!! only if I could close the claim...see there is no benefit to the carrier at all to reduce the amount if you are going to make payments and they have to monitor this...then you will likely have to pay the full amount...if you are in a position to pay a lump sum...I'd tell them...'look I can come up with half of this to wipe the entire debt out, otherwise I'm going to have to make payments' they will then try and get you to pay half upfront then payments on the rest...tell them 'no' I'm borrowing it from my family and they will only loan it to me if it will wipe out the debt completely...otherwise i'm on my own' they will then (maybe) try and get more, and perhaps you can get it somewhere around 60-75%...
LORI- can you respond to the promissory note part?
I'm sure this is state, company, and carrier specific...When I was a subro specialists I used these alot, they were binding contract, so if a person stopped making payments, I didn't have to go to court to prove the entire accident etc....just that they had defaulted on the note...made it alot easier...most certainly they will want some kind of contract for payments I would think...tcope this if freakin' me out!!!
Don't ask me why but BI coverage is not mandatory in FL,
Oh my gosh! Is PIP subrogatible? What is the thresold? Do you think they are coming after the OP for the PIP payments or UM settlement? Or if I understood it correctly PIP in most cases pays 80% are they after the 20%?WOW...I didn't know ANY states didn't require BI coverage! What a trip! and stupid...not very good protection for the good folks of Florida..(IMO) :shock: :shock: This is nuts I looked it up...and sounds like NOW the OP will be required to carry both BI and (additional) PD is that right?
Financial Responsibility Law
In some cases, Florida law requires drivers to
carry property damage and bodily injury liability
insurance. This requirement applies to
drivers convicted of certain traffi c violations,
such as driving under the infl uence of alcohol or
drugs. It also applies to drivers who are involved
in an accident but cannot pay for damages or
are uninsured.
Such drivers may have to provide proof of insurance
in the amounts of:
• $10,000 per person
• $20,000 per occurrence of bodily injury
liability
• $10,000 in property damage liability or
• a combined single limit of $30,000 per
occurrence.
Posted: Sat Apr 12, 2008 12:39 pm Post Subject:
Well seek,i really feel sorry for you.I would say that immediately hire a lawyer and consult the matter with him.Just do not take it lightly because if they sue you,then you have to pay for the lawyer fees and if you loose the case then you have to pay the amount also.
Posted: Sat Apr 12, 2008 02:52 pm Post Subject:
You have tort immunity _as long as you carry PIP_. That is, as long as you have insurance, as required, a person does not have to pay what the other person's own PIP _should_ cover. So to make it less confusing, PIP is non recoverable as long as the at fault party also has PIP.
My guess is that in this case the OP either did not have insurance, did not have BI, and/or the other party is attempting recovery for what PIP did not cover.
Note: It's next to impossible to obtain an insurance policy w/o BI. Most agents will simply tell you it's mandatory in Florida.
Posted: Sun Apr 13, 2008 01:46 pm Post Subject:
I think BI should be mandatory in all states even on the least covered, lowest type of insurance, it should be there for your protection and the other drivers that may become injured because of an accident. It just make sense to me.
Posted: Mon Apr 14, 2008 04:41 am Post Subject:
Wow, I cannot believe a state still exists that doesn't require BI. I read what Lori quoted:
In some cases, Florida law requires drivers to
carry property damage and bodily injury liability
insurance. This requirement applies to
drivers convicted of certain traffic violations,
such as driving under the influence of alcohol or
drugs. It also applies to drivers who are involved
in an accident but cannot pay for damages or
are uninsured.
That is arguably the lamest rule I've seen in a while. "In come cases?" Please. It does seem that it's an "after the fact" kind of thing, and as we know- getting coverage after the fact is always a fun exercise in frustration. :shock:
Where't the OP?
InsTeacher 8)
Posted: Mon Apr 14, 2008 04:49 am Post Subject:
That is arguably the lamest rule I've seen in a while. "In come cases?" Please. It does seem that it's an "after the fact" kind of thing, and as we know- getting coverage after the fact is always a fun exercise in frustration.
True, but it goes toward financial responsiblity. That is, I don't know of any state where insurance is required, period. Most, if not all, require "financial responsibility" (insurance policy, bond, etc). This is why the law exists stating that a liability insurance policy is required only _after_ an accident where the party did not meet the financial responsiblity laws.Posted: Mon Apr 14, 2008 10:10 am Post Subject:
I agree with ins teach...makes a person alittle more leary of driving in Florida...since Florida also doesn't require UM....and would UM even apply? If the other party did have the min. state required coverages?..then is this what is to come from an injury? I mean..if two people carrier the min. state required coverages...(i know i know about finan.respon...but we also know that the overwhelming majority will carry atleast the min. ins. limits)...anyway two people with min. coverage...one dies due to the 100% negligence of another...there is really nothing other than th 10k pip then right...and then sue the person responsibile for what you can get (doubtful much) right? Is that how it works in Florida?
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