My car was hit from behind at a red light causing us to hit the truck in front of us. I was sent to the hospital. Who pays it?

5 views 7 answers
The car that hit us driver was under the influence by her own acknowledgement to someone who stopped to help. We are questioning the effort made by the officer to determine her intoxication level. My 3 month old car is totaled. I spent 6 hours waiting to se if my neck was broken or just badly jolted and I have to be retreated for neck and back injurys from the impact when the swelling goes down. I am not from Florida and do not know these laws of who pays the damages to my car and my injurys. I just recently moved here and was told to wait and see what happens. I m not sure if this is a legal matter.

Attorney Answers

7
Don Springmeyer ·
It is a legal matter, and from the facts you've given us it sounds like the person who hit you is responsible for everything. Your paperwork from the investigating officer should tell you if the other driver had insurance coverage, which the next important question. If not, the next issue is whether you have uninsured/underinsured motorist coverage. You should immediately consult a highly rated local personal injury attorney. Good luck!
0 upvotes
Jason D. HolbrookPersonal Injury LawyerJacksonville, FL ·
This is definitely a legal issue. As to your car, the other driver's insurance should pay that damage. If you individually pursue them however, you will get the run around, especially with a 3 month old car. a lawyer will be able to help you tremendously. The DUI also raises a number of significant issues for which you really need legal counsel. Your injuries need treatment and you need to make sure you avoid the a client clinics running rampant in the state. There are many things going on in this case and a lawyer will help you significantly, if nothing else at minimizing the number of issues you have to deal with. For more information or if you have additional questions, visit my firm website via the link below. Jason Holbrook Holbrook Law [email protected] Jacksonville office 4651 Salisbury Road Fourth Floor Jacksonville, FL 32256 (888) 908-7824 toll free (904) 253-7991 phone (904) 900-5504 fax Sarasota office 1990 Main Street Suite 750 Sarasota, FL 34236 (888) 908-7824 toll free (941) 538-7878 phone (941) 538-7879 fax
0 upvotes
Kim Cullen ·
The quick answer to your initial question is that your Personal Injury Protection coverage (also known as "PIP" or "No Fault") from your own automobile insurance policy should pay for 80% of your initial medical expenses. (This assumes that you have transferred your coverage to Florida - as you noted that you just recently moved here. If you haven't transferred your coverage yet, you should definitely speak with an experience Florida personal injury attorney BEFORE speaking with your insurance company.) The negligent driver's property damage coverage should pay for your vehicle (assuming she had enough coverage to pay for your almost-new vehicle), and her bodily injury liability coverage (assuming she has it -- it is not mandatory in Florida) should respond to your injury claim. As one of the other attorneys mentioned, the question of whether the other driver was drunk, may trigger additional rights that have under Florida law. I would definitely consult with an experience Central Florida-area persona injury attorney in order to have all of your questions answered.
0 upvotes
Michael Walker ·
Since you are not at fault the other person's insurance will cover the repairs. It is a legal matter. I urge you to consult with an attorney as soon as you can. Many attorneys offer free consultations for matters such as this. Mike Walker Walker Law Group www.walkerlawgroup.net
0 upvotes
David Burns ·
You were injured because the at-fault driver was drinking and driving negligently. You definitely have a legal case against her and her insurance company. In Florida, you also have a legal claim against the owner of the at-fault vehicle (if the vehicle is owned by someone other than the driver). You should call an experienced Florida car accident attorney right away for a free consultation. You can visit www.justiceforthevictim.com online for further information.
0 upvotes
Regina Hunter ·
I recommend contacting either Jim Magazine: (727) 849-5353 or Mike Walker (727) 797-2020 to handle this legal matter.
0 upvotes
Naji Israoui ·
I was sorry to hear that you were injured in an accident here in Florida. As a former accident victim, I know what it is like to have an accident that is not your fault, be injured and have lots of questions. I have been able to represent thousands of victims of accidents over the last 10 years and can tell you that your situation is definitely a legal matter. Florida has complex laws that apply to automobile accidents unlike many other states and can be difficult to navigate on your own. There appears to be 2 separate claims involved in your situation. The first is with regard to your car. This is a property damage claim and needs to be addressed ASAP by first investigating the other party's insurance coverage applicable for your loss, as well as all other available insurance coverage and other parties assets. Your other claim is with regard to your injuries, and that is a much more complex matter that would require additional information to properly assess. I would highly suggest that you contact a Florida licensed attorney as soon as possible to protect your rights. I would also highly suggest that you not speak to any insurance representative before consulting with an attorney. The role of insurance companies following an accident is to minimize their loss and what they will pay and are not looking out for your best interests. If you do not yet have an attorney, I would be happy to consult with your about this matter. Consultations are free and I personally handle all cases from start to finish. I believe that when you hire an attorney, that the case should be handled by the attorney and not a paralegal or secretary. I don't charge any attorney fees and costs unless I win your case. My number is 407-381-4529. Hope this helps and wish you the best.
0 upvotes