Loxahatchee, FL asked in Personal Injury, Insurance Defense and Car Accidents for Florida

Q: I was at fault in an accident, and the other party's insurance paid out a claim. Now the insurance is coming after me.

I am assuming this is because the claim was more than the limit, so they are coming after me for the difference, which is $25,000. I was called by their attorneys, and when I told them that I couldn't afford to pay that amount (even with only 10% down, the $150 a month) the rep kept saying they were going to file it with the state and my license and registration was going to be suspended if I didn't pay. I happened to mention that he wasn't wearing his seatbelt and comparative negligence in Florida, and that led nowhere with him. I'm not saying that I am not at fault and don't want to pay anything. I am at fault, I'm just wondering where the number $25,000 came from and think it is a bit excessive, especially if it could have been prevented by a seat belt. What should I do?

1 Lawyer Answer

A: .... was there a trial? If there was no trial you don't owe anything yet. If your insurance paid out I would be shocked if a signed release of all claims wasn't part of the payout arraignment. Call an attorney to discuss you situation in a bit more detail.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.