This very possibly may be one of the most common questions that is asked here at the injury attorney and accident lawyer law office. The principal office is in Boca Raton but there are satellite offices in Miami, Coral Springs, Boynton Beach, and West Palm Beach. This question is so common that I thought I should devote a blog entry to it.
If you question whether you have a case and are seeking a free consultation, please call attorney Gayr J. Drucker for a free consultation at 561-483-9199, 954-755-2120 or 305-981-1561. At Drucker Law Offices, a free consultation is offered and fees are only charged if money is recovered for you.
As I have spoken about, if someone purchases the minimum insurance required by Florida law, they would only purchase personal injury protection or PIP coverage which pays for their medical bills and wages and property damage liability which pays for the other person’s car when they are at fault. Bodily injury liaiblity, which is the insurance that pays for the other person’s injuries, generally is not required. Thus, when you are in an accident where the other driver who is at fault purchases the minimum coverage, they will not have bodily injury insurance to pay for your injuries. If you have uninsured motorist coverage, then your own insurance will pay you for your injuries (pain and suffering, owing medical bills and wages, and so forth). But if you do not, you may not have a “case.” I am putting case in quotes as you clearly will have a case to sue the other person for money in a court of law; however, practically speaking you may not have a case as if that person is not worth suing in court, then your chances of recovering money after court is minimal and thus you may not have a case from a practical standpoint.
Oftentimes, my clients advise that yes the other person has “insurance” as his insurance company fixed their car; however, as described above the minimum insurance has insurance to fix your car but no necessarily to pay for your injuries.
How can you sue someone and never collect? If you go to court, seveal things can happen. First, if the person is in very poor financial shape, they could possibly file for Bankruptcy and if the Bankruptcy was successful, the case would end right there and this debt could be discharged. If not, the case would proceed forweard. If it is assumed that the case is won, then a judgment would be entered against the at fault, uninsured driver. However, the judgement is a piece of paper which entitles you to the money but the money would have to be collected. If the uninsured person does not have the money to pay, you may never be able to collect the judgment. This is called being “judgment proof” in other words the person who you are suing may never have the money to pay the judgment.
Certainly, this point explains the importance of having uninsured motorist coverage!
In these difficult economic times many drivers in Florida are purchasing only the “minimum coverage” and thus do not have bodily injury coverage. Consequently, these times are more important than ever to have uninsured motorist coverage if you can afford it.
A lot of times there is much information that I can tell about the other driver who does not have the bodily injury coverage. I can see what type of car they were driving. The police report is going to show where they live and I can determine whether they are living in a million dollar home or in an inexpensive apartment. In certain situations I can run “asset searches” which cannot tell everything but give a general ideal of someone’s financial picture.
At Drucker Law Offices, the insurance coverage of the other vehicles and of the other drivers is investigated to determine whether there is bodily injury coverage. Also investigated is your police and any resident relatives in your household to determine whether they apply to you.
Every case is different and should be judged on the facts of each case. It is a good idea to get a complementary consultation regarding an accident case in case this happens to you. The advice contained in this blog is intended to be of general nature and not as to a specific situation or your specific situation, so please call a licensed Florida attorney, like Drucker Law Offices, to determine if and how Florida law applies to your case.
If you or a loved one has been in an accident, please call the accident lawyer and personal injury attorney at Drucker Law Offices for a free consultation. The phone number is 561-483-9199 and fees are only charged if money is recovered for you. These consultations are offered in the Boca Raton principal office or in the satellite offices in Miami, Coral Springs, Boynton Beach or West Palm Beach.
