Visitor Question

What to do if rear ended by an out-of-state driver?

Submitted By: Anonymous (Orlando, Florida)

I live in Florida. I was driving home and an out-of-state driver from Georgia slammed into the back of my car. I was taken to the hospital, and she was issued a ticket. My car had $5000.00 worth of damage.

I have back and neck injuries. The MRI showed I have herniated discs in both areas. I am treating with a Chiropractor, and being referred to an Orthopedic Surgeon.

Florida has no fault insurance laws. I have Geico and she had First Acceptance from Georgia.

How much is this case worth? I have pain all the time, money is not going to solve my problems but the medical bills are getting bigger. What do you think? 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.

Answer

Dear Anonymous,

Section 627.736 (1) (a) of the Florida Statutes addresses no-fault personal injury insurance. It states in part:

“An insurance policy…must provide personal injury protection to the named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury…. to a limit of $10,000 in medical and disability benefits and $5,000….from bodily injury, sickness, disease, or death…as follows:

“(a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident.”

A review of Section 627 will give you an idea of the type of settlement funds which may be available to you.

Without knowing the extent of your medical and chiropractic bills, and the limits of your “Personal Injury Protection” (PIP) insurance it is difficult to suggest an amount to demand in your personal injury settlement.

You should be aware no-fault insurance does not pay compensation for pain and suffering. However, depending on the amount of insurance you carried at the time of the collision, your settlement should include reimbursement for the majority of your medical and chiropractic bills, your out-of-pocket expenses, and your lost wages.

While Florida residents must turn to their own insurance companies for injury reimbursement, Florida law does not prohibit injured drivers from pursuing at-fault drivers for compensation to repair damage to the victim’s car and other damaged personal property within it.

With that said, be aware that insurance companies are wary of extensive chiropractic treatment. If the insurance company believes your chiropractic or therapeutic care is excessive for the type of injury you sustained, they may not reimburse you for that amount they believe to be excessive.

Therefore, you would be wise to stay in touch with the claims adjuster assigned to your injury claim. Make sure you are both “on the same page” when seeking continuing treatment.

Learn more here: Rear-end Collisions

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 with your claim,

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