What happens when PIP (from auto accident) has been exhausted

bluegreenocean · 01-11-2010, 05:17 PM

What happens when PIP is exhausted and the accident was caused by another person?

swh2007 · 01-11-2010, 06:10 PM

Most likely she has some personal liability (bodily infury) coverage in excess of her PIP and hopefully you have uninsured motorist coverage if she does not have enough bodily injury insurance. She and the owner (if different) of the car are personally liable for her negligence. I hope this helps, and I am sure your lawyer will have more to say. Hope you are OK.

SCI-Nurse · 01-11-2010, 06:42 PM

If you have exhausted the policy, you may need to apply for Medicaid and/or Medicare. How long have you been injuried? What is your level? Are you already on SSDI or SSI? Completing your profile would help us answer your questions. Are you working or planning on returning to work so that you would qualify for a group plan?

MI also has no-fault auto insurance, but I don't believe it has a $$ cap for medical costs. Correct me if you know otherwise.

(KLD)

bluegreenocean · 01-16-2010, 04:48 PM

Quote:

Originally Posted by swh2007

Most likely she has some personal liability (bodily infury) coverage in excess of her PIP and hopefully you have uninsured motorist coverage if she does not have enough bodily injury insurance. She and the owner (if different) of the car are personally liable for her negligence. I hope this helps, and I am sure your lawyer will have more to say. Hope you are OK.

The girl who hit me only had insurance for her car and no PIP either for herself or who she hit.

swh2007 · 01-16-2010, 10:09 PM

SCI-Nurse, Florida's No-Fault Law only goes up to $10,000. This includes medical espenses and lost wages and maybe other things.

Bluegreenocean, if you have health insurance it would kick in to cover medical expenses. Also, if you have unisured motorist coverage as a part of your auto policy, it basically covers the liability of the young lady up to the limits set forth in your policy. I assume the other driver and the owner of the car have no assets. It is possible the owner of the car (if not the driver) could have liability insurance even if the owner has no assets. In Florida, the owner of a motor vehicle is generally liable for the driver's negligence. There could be other avenues, and between the SCI Nurse and your lawyer they should know them or be able to point you in the right direction. Hope you get well.

fishin'guy · 01-16-2010, 10:51 PM

Sounds like time for a lawyer. They'd take it in a heartbeat!

bluegreenocean · 01-17-2010, 07:47 AM

Quote:

Originally Posted by fishin'guy

Sounds like time for a lawyer. They'd take it in a heartbeat!

I have a lawyer. He is incompetent

. He also looks like Howdy Doody

I don't think I am allowed to change lawyers because I've already retained hi,. A neighbor recommended him to me.

I do have a spinal injury and I am still having problems with spasms and weakness but the dr. couldn't see anything wrong with the cord on the MRI- (potential central cord injury). At any rate, I lost the strenghth in mostly my arms and partially my legs and I have been trying to build it back and its just not happening.

I am not as upset at that as that
1. I am for sure permanently physically disabled, albiet not as bad as most of you, I am still in a lot of pain and this is a big pain in the butt
2. My dad, who is a janitor, knows much more than this lawyer.

swh2007 · 01-17-2010, 08:28 AM

Please call all the Florida Bar. It can tell you how to change lawyers, which you absolutely have the right to do whether or not your existing lawyer is competent, and what the rules for doing that are in your situation.

But keep in mind that the best lawyer in Florida can't help you if he or she can't find somebody with money or insurance who has fault.

Personally, if I were you, I would take some time to find a good personal injury lawyer in your community and make an appointment with them to give you input into your case and the practicalities of changing lawyers. Or, I would just make an appointment with Morgan & Morgan and see what they have to say.

I am sorry you are having so much trouble physically and with your lawyer.

bluegreenocean · 01-17-2010, 08:41 AM

Yah I know he can't get money if money doesn't exist.

He made an appt, made me wait 40 mins and then saw me for three minutes, where he said whoops you dr. didn't fax the paper work and those people don't have insurance so I can't do anything. I do know for a fact the dr. faxed the paperwork. He didn't even tell me I could use my Blue Cross for what wasn't covered.

swh2007 · 01-17-2010, 11:19 AM

You can certainly go to a different lawyer since the one you met said he couldn't do anything. It sucks to get injured by someone with no insurance or assets. But, you can use your health insruance to maiximize your recovery from your injuries and there are social security disability and other programs to help you. Asking about PIP running out tells me that your injuries are recent, so perhaps you will get far more recovery than you think. Others on this forum can help you far more than me.

01-11-2010, 05:17 PM	#1
bluegreenocean Member Join Date: Dec 2009 Posts: 74	What happens when PIP (from auto accident) has been exhausted What happens when PIP is exhausted and the accident was caused by another person? Last edited by bluegreenocean; 01-11-2010 at 08:59 PM.

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01-11-2010, 06:10 PM	#2
swh2007 Senior Member Join Date: Dec 2009 Location: Florida, USA Posts: 2,012	Most likely she has some personal liability (bodily infury) coverage in excess of her PIP and hopefully you have uninsured motorist coverage if she does not have enough bodily injury insurance. She and the owner (if different) of the car are personally liable for her negligence. I hope this helps, and I am sure your lawyer will have more to say. Hope you are OK.

01-11-2010, 06:42 PM	#3
SCI-Nurse Moderator Join Date: Jul 2001 Location: USA Posts: 41,306	If you have exhausted the policy, you may need to apply for Medicaid and/or Medicare. How long have you been injuried? What is your level? Are you already on SSDI or SSI? Completing your profile would help us answer your questions. Are you working or planning on returning to work so that you would qualify for a group plan? MI also has no-fault auto insurance, but I don't believe it has a $$ cap for medical costs. Correct me if you know otherwise. (KLD)

01-16-2010, 10:09 PM	#5
swh2007 Senior Member Join Date: Dec 2009 Location: Florida, USA Posts: 2,012	SCI-Nurse, Florida's No-Fault Law only goes up to $10,000. This includes medical espenses and lost wages and maybe other things. Bluegreenocean, if you have health insurance it would kick in to cover medical expenses. Also, if you have unisured motorist coverage as a part of your auto policy, it basically covers the liability of the young lady up to the limits set forth in your policy. I assume the other driver and the owner of the car have no assets. It is possible the owner of the car (if not the driver) could have liability insurance even if the owner has no assets. In Florida, the owner of a motor vehicle is generally liable for the driver's negligence. There could be other avenues, and between the SCI Nurse and your lawyer they should know them or be able to point you in the right direction. Hope you get well.

01-16-2010, 10:51 PM	#6
fishin'guy Senior Member Join Date: Jun 2008 Location: Seattle area Wash state Posts: 2,382	Sounds like time for a lawyer. They'd take it in a heartbeat!

01-17-2010, 08:28 AM	#8
swh2007 Senior Member Join Date: Dec 2009 Location: Florida, USA Posts: 2,012	Please call all the Florida Bar. It can tell you how to change lawyers, which you absolutely have the right to do whether or not your existing lawyer is competent, and what the rules for doing that are in your situation. But keep in mind that the best lawyer in Florida can't help you if he or she can't find somebody with money or insurance who has fault. Personally, if I were you, I would take some time to find a good personal injury lawyer in your community and make an appointment with them to give you input into your case and the practicalities of changing lawyers. Or, I would just make an appointment with Morgan & Morgan and see what they have to say. I am sorry you are having so much trouble physically and with your lawyer.

01-17-2010, 08:41 AM	#9
bluegreenocean Member Join Date: Dec 2009 Posts: 74	Yah I know he can't get money if money doesn't exist. He made an appt, made me wait 40 mins and then saw me for three minutes, where he said whoops you dr. didn't fax the paper work and those people don't have insurance so I can't do anything. I do know for a fact the dr. faxed the paperwork. He didn't even tell me I could use my Blue Cross for what wasn't covered.

01-17-2010, 11:19 AM	#10
swh2007 Senior Member Join Date: Dec 2009 Location: Florida, USA Posts: 2,012	You can certainly go to a different lawyer since the one you met said he couldn't do anything. It sucks to get injured by someone with no insurance or assets. But, you can use your health insruance to maiximize your recovery from your injuries and there are social security disability and other programs to help you. Asking about PIP running out tells me that your injuries are recent, so perhaps you will get far more recovery than you think. Others on this forum can help you far more than me.