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ClintTorres

Fiance in wreck, doesnt want to sue

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Ok, so my mother came down to visit from Kentucky. My fiance and I are both Florida residents. While my mother was driving, and my fiance was in the passenger seat they were rear ended by a truck pulling a trailer and caused her vehicle(my mother) to hit the vehicle in front of her. The driver of the truck claimed fault and a policeman came and filled out a report and agreed it was the driver of the trucks fault. Now heres where it gets tricky. Florida law requires everyone to have liability insurance and you dont sue the driver of the vehicle at fault, you sue your own insurance and they go after the at fault person. My fiance didnt have a vehicle at the time and had no liability insurance. The insurance company from the driver of the truck said they wouldnt cover the accident because their driver didnt have personal injury insurance which is insane to me. My mothers insurance said they wouldnt cover her bacause to cover passengers that are outside of the immidiate family is an extra opt-in charge that she didnt have. My fiance went to one super large, super busy law office that told her they wouldnt take the case and it discouraged her. Since then, my mother has been paid for her damages as well as hospital bills. My main question is would she be covered under one of these policies, my second question is that if I have her power of attorney(which I do) could I speak with a lawyer on her behalf and perhaps get a case filed. I ask not because that I want a massive settlement. But because we are set to be married next year and her once perfect credit now has over a thousand dollars in past due, in the process of collections, medical bills that will eventually fall on me once married. Any and all info would be appreciated. 

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Your understanding of the law and procedires in an automobile case is almost entirely incorrect.  An injured party does not sue his or her own insurer.  He or she files a claim against the other driver's insurer and files suit against the other driver if the claim is denied.  So it doesn't matter at all whether any of the injured parties have their own insurance.  If  a person has their own insurance they should notify their own insurer because the claim may be covered by medical payment, collision, or uninsured motorist coverage.  If the other driver has liability insurance it would cover any liability, whether it involves personal injury or property damage.  Liability insurance does not differentiate between those types of claims.  When your fiance consulted the large law firm they may have declined the representationsimply because the case was too small.  If your fiance's claim only involved a single trip to a physician or the emergency department and a bottle of Motrin there may not have been any significant claim for pain and suffering, which is what pays the lawyer's fees.  If she has had limited physical damage she should make her claim against the other driver's insurer for the medical bills and a small amount for pain and suffering.

 

No, you cannot use a power of attorney to hire an attorney to represent her without her permission.

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I am sorry, I did not realize that Florida is a "no fault insurance" state.  So drivers are required to have a minimum of $10,000 of personal injury insurance which covers 80% of their injuries and lost wages without regard to fault.  Your mother is from Kentucky which, fortunately, is also a no fault state.   Your mother is also required to have personal injury coverage of $10,000.  So, it sounds like your fiance should be entitled to make a claim for medical expenses and lost wages from your mother's insurance company.  You cannot sue in Florida unless the medical expenses are more than $10,000 or there is permanent injury as a result of the crash.

 

What were your fiances injuries and medical expenses?

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13 hours ago, ClintTorres said:

Florida law requires everyone to have liability insurance and you dont sue the driver of the vehicle at fault, you sue your own insurance and they go after the at fault person.

 

That's very wrong.  Florida law requires all drivers to carry $10k in personal injury protection ("PIP") coverage.  PIP is not liability insurance.  Rather, it covers the insured's own medical bills, subject to the policy limit and deductible.  PIP coverage applies regardless of fault.  If an accident results in "permanent injury," then the "no-fault" system doesn't apply.  If an accident results in medical bills and/or lost wages in excess of PIP coverage, then the injured party may sue for the damages not covered by PIP.  An insured would never sue his/her own insurance, except in the event of a bad-faith denial of coverage, and an insurer who pays a claim under PIP coverage would not have a right to sue the "at fault" driver.

 

 

13 hours ago, ClintTorres said:

The insurance company from the driver of the truck said they wouldnt cover the accident because their driver didnt have personal injury insurance which is insane to me.

 

It's not at all "insane" because that's not the point of PIP coverage.  However, if this was a commercial vehicle driven by an employee of the owner, there probably is a separate liability policy that will defend and indemnify the driver if anyone's damages exceed $10k.  That doesn't mean anyone is obligated to provide your mother or your fiance with details about that policy.

 

 

14 hours ago, ClintTorres said:

My mothers insurance said they wouldnt cover her bacause to cover passengers that are outside of the immidiate family is an extra opt-in charge that she didnt have.

 

Won't cover your mother or won't cover your fiance?  Your mother's own policy should cover her, but it won't cover your fiance.  Does he have regular medical insurance?

 

 

14 hours ago, ClintTorres said:

my mother has been paid for her damages as well as hospital bills. My main question is would she be covered under one of these policies

 

Covered for what?  If your mother has been paid for her damages, then what is there that she needs coverage for?

 

 

14 hours ago, ClintTorres said:

if I have her power of attorney(which I do) could I speak with a lawyer on her behalf and perhaps get a case filed.

 

First of all, for what purpose(s) do you have your mother's power of attorney?  Regardless, you can speak with anyone you like as long as that person is willing to speak to you.  However, no lawyer is going to file a lawsuit on your mother's behalf unless she signs off on it, regardless of what your power of attorney covers.  Most importantly, however, since your mother "has been paid for her damages as well as hospital bills," what does she have to sue for?

 

 

14 hours ago, ClintTorres said:

we are set to be married next year and her once perfect credit now has over a thousand dollars in past due, in the process of collections, medical bills that will eventually fall on me once married.

 

Your mother's credit has nothing to do with you.  Likewise, once you and your fiance marry, his credit will not "fall on" you, and I'm not sure why you think that.

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