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    emilie's Avatar
    emilie Posts: 1, Reputation: 1
    New Member

    Aug 28, 2005, 04:15 PM
    No fault insurance
    My 19 yr. old son was hit by a car (as a pedestrian) recently. He was in the state of Florida, we are from, and reside in Maine. My insurance company is the same as the driver's, who has very little in assets, and only carried the required 10K policy as stipulated as minimum in the state of Florida. As much as I have tried to research this, I am still confused, and fear mistepping. Any helpful advice would be appreciated.
    sideoutshu's Avatar
    sideoutshu Posts: 225, Reputation: 23
    Full Member

    Sep 20, 2005, 05:52 AM
    I am not sure what your question is, but I will tell you what I know based on my experience as a Personal injury attorney in NYC who deals with the No-fault system every day. Keep in mind, this is all based on NY law.

    If your son was hit by a car, he would recover via the driver's no-fault policy for his medical bills. No-fault is great because unlike regular health insurance, you can go to any doctor you want, and as long as the treatment is causally related to the accident they have to pay. In New York, the cap in most cases for No-Fault coverage is 50,000.

    That covers your medical bills.

    Now you move on to BI (bodily injury coverage) which is what you are referring to when you talk about the $10,000 policy. In most cases, when a person carries only the minimum insurance policy, it means that they have nothing of value worth taking in a lawsuit, so the case usually stops with the taking of the policy limits. If your son has significant injuries, you need to act fast, as there may be additional coverage available through your own personal auto policy(assuming you carry more than 10,000 in coverage), but in order to be eligible for that, you need to put your carrier on notice.

    In any event, you need to consult with an attorney. Send me a PM if you need anything.

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