Location: South Florida.
I was in the parking lot of McDonald’s. I just got my food and was getting ready to leave but I had to wait for traffic to stop so I could proceed.
A drink driver of a rental truck veered onto the sidewalk and hit my bumper-mind you, I was not moving or yet in the road. HE drove off the street up the sidewalk and hit me.
The police came, I did a report, he went to jail for driving while intoxicated. His name was listed first on the report.
I got in contact with a lawyer who recommended physical therapy, I had to take off work to go to doctors offices and wait for an appraiser to come look at the car. I called the rental agency on the police report and report the accident to them.
This was back in January. Now in May I had to sign for a certified Mail from the drunk driver who wants to sue ME for damages to his rental and bodily harm he sustained in the accident HE caused. Then I received a letter from my insurance company saying that they will disclaim The suit or something since my insurance was for pip not full coverage. I’m a little confused on that but I will call them tomorrow.
But can I be responsible for any part of this if I was not in the wrong?
-My car was stationary.
-The other driver was drunk and had previous DUI’s. He was arrested on scene for failing the breathalyzers
-the other drive drove off the road and hit me.
-there were cameras at McDonald’s and the Popeyes next door that showed I was not moving.
Do I need to be worried? Does he have a legitimate case or is he just trying to get money?
Comments
Did you ever see a doctor? Did you hire this attorney? If so, what is your attorney say about this?
And this letter you got in the mail, you say it’s from the drunk driver, he sent this to you personally?
You can be sued for anything.
Ok, so sure they can sue you. The problem you have now is that you don’t have bodily injury coverage, so your insurance can’t defend this suit. So you better find yourself a civil litigation attorney to defend you here.
Assuming you have the minimum legal requirements, your insurer is contractually obligated to defend you against the property damage claim.
Florida is a no-fault state, meaning that each person files through their own insurance for bodily unity. That’s why your insurance is stating you do not have 3rd party coverage.
I am not sure why he is suing you for bodily injury or if that is even valid in FL.
I would cross post this to r/insurance. Quite frankly, I don’t think any of the replies you’ve received here are helpful. You need someone with Florida experience to help you with this one (perhaps someone will still chime in here).