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FL personal injury law, criminal liability for auto accident
Anonymous2 views5 answers
i had a car acident , the insuranc company have paid out $40,000 and say $50,000 is there limit , there are still 6 people with clames in , my wife has here own biss but we are not making any money at the moment, can i go to prison if i can not pay any of the clames i am in florida thanks gray
If you were responsible for causing the accident (i.e., you were negligent), a judgment could be obtained against you for the damages sustained. However, you cannot be placed in prison simply because you are unable to satisfy a judgment. Generally, under current law, the insurance company has an obligation to equitably pay the various injury claims. Failure to do so could expose the insurer to additional liability. The laws can be complex and the application of the law to the specific facts of your case could depend upon a number of factors. If you are in doubt, consult with competent counsel to address all concerns you may have. Mark Osherow 561-477-5054 [email protected]
The good news is that you will definitely not go to prison or face any criminal charges for failure to pay any potential civil judgment relating to your car accident. The bad news is that if you were at fault for the accident, your auto insurance premium may go up, especially if you have had other accidents in the past few years. If there is a $50,000 limit on your policy and numerous legitimate claims outstanding, your insurance company will likely tender the entire policy limit and and attempt to divide the money in an equitable manner amonst all the injured parties. In order to avoid this problem in the future, you may want to consider increasing your Bodily Injury ("BI") coverage on your insurance policy. All you need to do is call your insurance agent and ask how much your premium will go up if you were to increase your BI coverage. Good luck and feel free to contact me should have any additional questions.
"every one walked away from accident" may result in criminal charges for leaving the scene of an accident, especially if there are damages over $40,000.
However, if it has been several months and the police has not contacted you yet, the police may not be looking at investigating the incident.
Is your address in the motor vehicle department correct? That address is likely where the police or court would have sent any notice to you.
You may want to check with an attorney the laws in your specific state.
As the others have mentioned, you cannot go to prison in FL simply because you are sued and someone gets judgment against you. The issue, as I see it, is your insurance company's fiduciary duty to you to act in good faith and try to get all claims settled. If they fail to make all reasonable efforts to get all the claims settled within your $50,000 liability limits they may be responsible to pay all the claims, even if they exceed your policy limits. In cases such as yours, I usually recommend that you retain your own lawyer to monitor the actions of your insurance adjuster and protect your rights. You greatest concern is getting releases from all potential claimants in exchange for some part of your $50,000 limits.
