QuestionQUESTION: This may be a booger. I was ran off the Louisiana highway last year by a Florida driver. My vehicle flipped over to the other side of the freeway. I had an attorney attempting to sue the guy who was supposedly working for his own company clearing trees after Hurricane Rita. My attorney has been fired because he's on drugs and has done nothing but tell met that the guy only had a 20/10 policy and because there were 2 other people in the vehicle the claim won't pay much. My medical expenses alone are over $10,000. And they only paid 10k on my truck worth 25k. Surely he must have more coverage than that, and shouldn't he have more coverage on his business? And what state has jurisdiction? What about his wife' or his personal vehicle's insurance can i sue them? I'm sure i should get an attorney but it's hard finding one that wants to pick up the mess the drug-addicted attorney messed up! I'm lost how can i find out information on his policy or can i just take this to court myself?
ANSWER: Hi Dee,
This is a booger. Unfortunately, you will need to hire a new attorney. The insurance companies will not give coverage information to you. Because of the multi-state issue you can not file the suit by yourself.
In Florida the minimum insurance limits are 10/20/10. That means that the most they will pay out for the injuries of any one person is $10,000.00 and no more than $20,000.00 total for everyone injured in the accident. The last 10 in the 10/20/10 is for property damage and means that they will pay no more than $10,000.00 for all prperty damaged in the accident. I checked the coverage requirements for Louisianna and found them to be the same as Florida. With no more coverage that is available here, it is unlikely you will find an attorney willing to get involved. Attorney like to go after insurance companies because thats where the money is. They will not want to chase the individuals who likely have nothing to get.
I hope this helps
Richard Hixenbaugh
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QUESTION: If an insurance policy only can pay up to 10k to an individual whose medical expenses exceeded 25k, what option does the individual have? Can I sue the person's wife, maybe her policy carries her husband who caused the accident. And what about the business the guy owns can i sue that to get my money. I have lots of bills and this guys 10/20/10 policy is not enough? What can i do on my own if an attorney doesn't want too touch because he sees no money in the insurance policy for himself?
AnswerHi Dee,
You should first put the medical expenses through your medical insurance.
You certainly can sue these people and the business, however, trying to do so on your own would be very difficult since you are in a different state. Although I said it would be hard to find an attorney, it would not be impossible. You should start making calls and interviewing attornies. Explain the situation in detail so they can make a reasonable decision as to get involved or not. There may be coverage available through the business, but it would likely require an attorney to uncover it.
I hope this helps
Richard Hixenbaugh
