Question

Can I file a claim for bodily injury with my insurance even though the person that hit me had insurance and they settled out of court?

The person that hit me had insurance and they paid me the max that they could off of her policy which wasn't enough to cover my pain and suffering.

Aug 19, 2016 Starke, FL

Answer
Neil Richardson

Aug 19, 2016

Since Florida is a "No Fault" state, your personal injury protection (PIP) coverage should pay primary for any injuries you suffer in an accident, regardless of fault. Because you settled out of court already for your medical bills, you may not be able to get any additional compensation from your company since PIP covers medical and work loss, not pain and suffering. I would recommend that you contact your insurance company about the situation and possibly even an attorney since a lawsuit may be your only option. Best of luck!

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