I was in the back seat of a car on the passenger side. We made a left turn and midway through the intersection, a car hit us in the passenger rear side. I was the only one hurt. I had a punctured lung, broken ribs, broken collar bone, and severe hematoma.
A police officer issued my driver a citation but it was thrown out by judge before any hearing on the basis of complete inaccuracy. This was a three lane road in both directions, with cones for construction on the side of the road.
The car that hit us never applied brakes and it was a full front impact. Our car’s rear backside was completely caved in and I was the one who suffered all the injuries.
There were many different stories, including a van that was in one of the lanes facing our direction. We have no idea if the driver of the vehicle may have bolted in front of the van or what. Someone said the van was making a right turn, but that would have put the van going in our direction.
In this case, without any credible witnesses, even the police report was thrown out, since the judge said it’s not worthy of a hearing. Who would be at fault? How do I get my medical bills covered? What are my options? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
The State of Florida is a “no-fault” insurance state. This means drivers involved in car accidents who sustained personal injuries must file their injury claims with their own insurance companies, and not the insurance company of the negligent driver. However, injured passengers may file their claims against the negligent drivers (and their insurance companies).
To provide compensation for injuries sustained in an accident on Florida roadways, Florida law requires drivers to carry a minimum of $10,000 Personal Injury Protection (PIP), and a minimum of $10,000 No-Fault Property Damage Liability (PDL). When negotiating your settlement, you would pursue both drivers’ insurance companies.
In your case. There appears to be a legitimate question of identifying the negligent driver(s). As a result, you would be best served by filing your injury claim with the driver operating the car in which you were a passenger, and with the other driver’s insurance company as well.
To read Florida’s statute on No-Fault insurance legal requirements, go to: Florida Statute Chapter 627 Section 627.736 (1)(a)
Since your injuries are so serious, it’s advisable to seek out several personal injury attorneys in your area for free consultations.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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