Auto accident personal injury Florida

The auto accident occurred in the state of Florida. Drivers are Florida residents. The injured party sustained injuries, but so far no work has been lost. She has, however, visited a lawyer and has also received medical treatment for her injuries. Apparently they are soft tissue injuries and affects her shoulder and back. Her line of work (she is a friend) involves use of her arms and shoulders. I did go with her to a lawyer that I know, and he has taken her case, but left it unclear just how much he can sue for. He said that if the other driver did not have PIP then she would not get anything. Can someone clarify these issues please?

Standing:

left it unclear just how much he can sue for.

How much he can sue for has absolutely nothing to do with who has what insurance.

It has to do with the nature and extent of her injury.

In Florida a soft tissue injury that results in only aches and pains would prevent her from suing the driver that caused the accident unless the injury met the following requirements:

• (a)  Signifi... and permanent loss of an important bodily function.
• (b)  Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
• (c)  Signifi... and permanent scarring or disfigurement.
• (d)  Death.

Standing:

He said that if the other driver did not have PIP then she would not get anything.

Somebody may have misunderstood something. 

As far as I recall, if the injured party does not have her own PIP, she would get nothing.

Your friend would be wise to revisit the attorney for a more thorough explanation of Florida no-fault law and PIP.

I've barely scratched the surface.

she doesn't speak good English, but she made me think that someone is paying for the MRI's and chiropractic she's receiving, not sure if it's her or the other driver's insurance. I guess it must be her insurance company. However, there is quite a hefty deductible. The lawyer said he would wait for the results of her tests and treatment and also find out if the other driver had PIP. When I asked the lawyer why do we need an attorney if we could go to the insurance companies themselves, he said because most likely he could get more for her than going to the insurance company directly. He said if the other driver doesn't have PIP than she would get nothing. But that does not seem at all fair to me since she was not at fault; she sustained injuries that MIGHT last for a long time -- If the driver had no insurance at all, then I guess she would be out of luck? Sad, sad. sadddd............. Maybe he has property or something. Why should she pay for something that's not her fault? All she did was be in a car, the other driver hit her by making a left turn from a right lane, and so all's well for he who has no insurance?

Well, maybe I have misunderstood something. I'll let the attorney work it out. He should know what he's doing ... he's very good. I only hope that any expenses he incurs will not be charged to her if she does not win anything.

Standing:

she made me think that someone is paying for the MRI's and chiropractic she's receiving, not sure if it's her or the other driver's insurance. I guess it must be her insurance company. However, there is quite a hefty deductible.

It's probably her own PIP that's paying. PIP is mandatory in FL. Here's an explanation of how it works:

http://www.genetlaw.co...

Standing:

When I asked the lawyer why do we need an attorney if we could go to the insurance companies themselves, he said because most likely he could get more for her than going to the insurance company directly.

That could but true if there was an allowable liability claim against the other driver, but not necessarily.

However, you provided one good reason for her to use an attorney: "she doesn't speak good English" and her insurance company wouldn't talk to you nor would any other insurance company.

Standing:

He said if the other driver doesn't have PIP than she would get nothing.

As I said before, I think that's the other way around, but clarify it with the attorney. He might have said BI/PD coverage.

Standing:

But that does not seem at all fair to me since she was not at fault; she sustained injuries that MIGHT last for a long time -- If the driver had no insurance at all, then I guess she would be out of luck? Sad, sad. sadddd............. Maybe he has property or something. Why should she pay for something that's not her fault?

The answer to that is that she chose to live in FL, a no-fault state, where the legislators have decreed that people pay for their own injuries up to a certain level regardless of fault.

Standing:

so all's well for he who has no insurance?

Not really. There are severe penalties for driving without insurance. They just aren't much help to the victims.