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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 118803
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Florida semi accident

Customer Question

I have a broken foot as the result of an auto accident in the state Florida, caused by the negligence of a semi-truck driver who then left the scene. I understand Florida is a no-fault state. I think the driver should have to pay for the pain and problems he caused us. It didn't do much damage to his truck, but totaled our car. What can we do so that we aren't the only ones paying for this? We live in MO and were there on vacation. We incurred additional unexpected expenses to fly home & lost many of our belongings.
Submitted: 4 years ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry to say that while FL is trying to change their no-fault insurance law, the FL law right now states that all personal injury damage is covered under the driver's PIP insurance coverage and that is the limit to the damages you can recover from your insurance. If you carry the minimum $10,000 PIP coverage and your injury claim is more than the $10,000 then you can sue the other driver for the additional loss over the first $10,000. Unfortunately, the FL law does not allow you to sue for personal injury I am afraid unless it is for damages over the PIP coverage you have and thus legally I am afraid there is nothing you can do "so that we aren't the only ones paying for this" because FL law simply says you cannot and an attorney cannot take an action contrary to the FL law unless you are seeking damages beyond your maximum PIP coverage.

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Customer: replied 4 years ago.
Even though we are from Missouri? This is not a no fault state, I don't even know if we carry PIP.
Expert:  Law Educator, Esq. replied 4 years ago.
I apologize, I was not clear.

If you do not have PIP coverage on your vehicle, your insurance would still have to pay out whatever your policy provides for first and then if you have serious injury or a policy without any coverage that was legally issued in compliance with the Laws of MO, you can sue the FL driver and their insurer for any excess that is not covered by your insurance.