what can i do?

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what can i do?

i caused an acc 3 years ago in wich i left the scene.i paid my debt 2 society. my insurance company paid for the damage to the car but i didnt have bodily injury. three years ago their lawer ask for 4,456 now state farm has subrogated their rights and is trying to get 15,000 for money they paid to the other driver ,who isint mentiond in the lawsuit. if i lose the case can i sue the state of florida for allowing me to purchase insurance that wouldnt cover me if someone got hurt ??this doesnt seem right to me!! also the damage that occured was different that what was on the acc report.

Asked on May 11, 2009 under Accident Law, Florida

Answers:

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

Answered 13 years ago | Contributor

Florida is a no-fault state when it comes to auto insurance, and the requirements are that you carry PIP (personal injury protection) coverage which covers most of your medical bills, lost wages, pain and suffering, etc., and property damage liability to cover damage you cause to someone else's vehicle.  Bodily Injury Liability coverage is not required, but is a good idea to purchase in case you have an accident and the other party's PIP limits are exceeded.  Medical Payments coverage is also not mandatory, and supplements PIP by covering the 20% of medical expenses that PIP doesn't cover.  Now, if the other party to the accident was injured, her insurer may not subrogate for PIP expenses, but may subrogate for Med Pay expenses.  Since you had the option of purchasing Bodily Injury Liability coverage or not, you cannot sue the state for allowing you not to purchase that insurance.  It was your choice.  Before you pay anything, you will want adequate proof from the other party's insurance company that they actually paid out that much money and that it was paid under Med Pay, not PIP.  You need to consult with an attorney in your area to respond to the lawsuit and get further advice with regard to discovery.


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