No Car Insurance, Hit from behind by a cable company. What to do next?

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No Car Insurance, Hit from behind by a cable company. What to do next?

Hello. I am asking this question on behalf of my nephew. In December 2016, my nephew was at a stop light and was rear-ended by a Spectrum employee in a work van formerly Brighthouse. There were 3 other people in the car and my nephew was the driver of the car and it was his vehicle.-Car insurance coverage lapsed prior to the accident so no insurance coverage.-His car was totaled we think and he still owes the finance company. Car sold by the tow yard at an auction in January not sure how or why this happened. My nephew doesn’t have any long-term or permanent medical injuries or damage but he went to a see a chiropractor a few times and lost his job as a result. He has medical bills went to the hospital after the accident and fees from the tow yard and he still owes the finance company for his car. Spectrum is refusing to pay for his tow yard storage fees and the car. My nephew wants is his car paid off or at least the value, medical bills, and tow yard fees paid. What can he do? What are his options? No lawyer will take his case and he doesn’t have any money to hire a lawyer. We were thinking of taking Spectrum or the employee to small claims court.

Asked on May 2, 2017 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The property damage (loss of your nephew's vehicle) is separate from his personal injury claim.
The property damage and personal injury claims should be filed with the cable company's insurance carrier.
The property damage claim is for the value of the vehicle and the tow yard storage fees.
The personal injury claim filed with the cable company's insurance carrier should include the medical bills, medical reports and documentation of wage loss.
Compensation for the medical bills is straight reimbursement.  The medical reports document the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the cable company's insurance company, NO lawsuit is filed.
If your nephew is dissatisfied with settlement offers, he should reject them and file a lawsuit for negligence against the cable company.  The cable company and the driver should be named as defendants in the lawsuit.
If the case is NOT settled, your nephew must file his lawsuir for negligence  prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.


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