Sanford, FL asked in Car Accidents and Personal Injury for Florida

Q: We were rear ended by a driver doing 80while he was texting, we both have injuries and have settled with his ins carrier

Our atty has stated that he cannot give the settlement funds to us until we have settled with our ins company under our UM coverage. Also that we cannot go after the driver personally does this sound right.

4 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Personal Injury Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: There is truth to what your attorney is saying. Your attorney has to get permission from the UM carrier to accept the settlement with the at fault party. However, once permission is given then your attorney can disburse the amount of that settlement and then can proceed after the UM claim if your damages are sufficient to warrant the same.

Leland E. Garvin
PREMIUM
Leland E. Garvin
Answered
  • Personal Injury Lawyer
  • Fort Myers, FL
  • Licensed in Florida

A: It sounds mostly correct... You must have the permission of your UM carrier to accept the money from the person who hit you or you risk invalidating your UM policy. If you are to accept the money from the other drivers insurance company then that insurance company will most likely require that you sign a release releasing their insured (which would make it impossible for you to go after that driver). I am not aware of any law that says that your attorney can not distribute money under the other drivers insurance company; the only issue here would be if there is not enough money in the lawyers trust account to cover your existing medical bills and/or liens. Hope this answer was helpful... -Leland

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Yes. The underinsured carrier has to agree or provide the funds--but they have that right and if your attorney went ahead to finalize that the underinsured carrier could scream "gotcha!"

To get the money you had to or will have to sign a release. Don't sign, no money. With the release you agree not to go after that person for more. If they have no other insurance, no reason to go after them as you'd rack up costs and get a piece of paper but they wouldn't have money to pay it.

Sean Cleary
Sean Cleary
Answered
  • Personal Injury Lawyer
  • Miami, FL
  • Licensed in Florida

A: Your attorney is right. Florida law requires a claimant to obtain authorization from the Uninsured Motorist carrier prior to acceptance of the bodily injury settlement

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.