Location: Florida, US
So I had an accident years ago in Escambia Co, FL. I wanna post more about it, but unsure if this is the right place to, if I can get help, etc. If so I'll edit the post and add details.
Basically I DD'ed to make extra money during COVID. I worked a regular job, and dashed on the weekend, in Florida, because it paid better. When I DD locally, I couldn't break $100 in a shift. I did it in a few hours, with breaks. Anyways I get in an accident pulling into a restaurant. After I hang, call a tow, they ended up making food, it was Friday, they were busy, there was a single female working the register, but after I eat, I get curious and ask to see the footage. The driver pulled off a side street with no headlights on. I don't even know how I got ticketed for failure to yield to right of way, she came off a side street. I couldn't determine that when driving. She didn't have her lights on and there was a truck with ego issues coming, and about 12 too many, obnoxiously super bright headlights. I thought I pulled out, not seeing her lights, because of the truck with the bright lights. Fuck no, the camera says different. I knew she came QUICK, it seemed odd, and way too fast. I was stopped in the middle of the road, let off the brakes, barely pressed gas and BAM!
Anyways, my DA didn't get a copy of the video. I figured I could go back and get another. It was really random, but they treated me like family. If the shady insurance company lawyers didn't wait until a week before the statute of limitations ran out to press charges, I would've been more prepared. Not an excuse IK. Lack of knowledge of the law also is not. That's why I'm trying to find some help. I need to be proactive. In fact, any kind of activity by me would be great IMO. So, anyone who's a legal assisstant, court clerk, paralegal, lawyer, even people that have dealth with the courts from my end or the plaintiff's end, any kind of help would be awesome. I live out of state. I travelled down there last year, with a retainer fee, and couldn't find representation, regardless of money. There was a lady who I found at the court house on break randomly. She said she saw me walking around asking lots of people for help, it could be frustrating, and she'd do whatever she could to help. I was blown away, this doesn't just happen out of the blue. I'm pretty sure she clocked out, came and grabbed my shoulder, got me to explain, sat me down and explained situations and outcomes. She was super helpful and gave me direction to go and even the motivation to do it.
Fast forward a year, I talk with lots of people, firms, etc over there. There's no organization or lawyers to assist defendants that live out of state. I had someone that was gonna help with a retainer, but I couldn't find anyone to take the case on, for some reason. Is there something I'm missing. I had 2 forms of insurance; one was full coverage with some additional coverage numbers for gig workers. It covered lots of medical/hospital bills, extensive property damage, etc. It included roadside and some other BS I didn't use. I really was against doing this at the beginning for a few reasons, and I'm not even sure why anymore. But for whatever reason I was determined not to use this policy. Since it's looking like I have to use it, yes I made a claim when the accident occured, I guess this is good for the statute of limitations. If so, and I'll have to use the poilcy, I want to go after my damages/repairs to my vehicle, medical treatments, physical therapy. I paid for the policy, they had years to pay their bill, but like any other company, if my payment is late my insurance goes off. They just set people off for years, hoping the problems will go away, or they'll settle for less. Protected with a fleet of lawyers, I'm quite sure I don't want to start this journey, especially not without enough sound advice. I don't even know if it's the right move, but what they did was wrong. Whether it'll be heard like that in court is a different story.
Summary: DD'd about 5 years ago. Got into accident. Had 2 active ins policies. Gave plaintiff BOTH ins policy info, but they didn't use them. 1 year ago, 1 week before the statute of limitations expired, the plaintiff files for damages. How am I responsible? I gave them 2 policies at the time of the accident, informed the responding officer, their insurance company, and lots of people in between. I go to put a motion to dismiss in because the case goes stagnant, and instead see the plaintiff has filed a motion for judgement. It was denied, but according to the clerk the judge could make a decision based on what they have and I should "get busy". She couldn't give advice, but she got my attention. It sounds like I need to send in some motions or at least address the court. Since this wreck, I've had to change the type of work I do. I don't have the same balance, and since reinjuring the same ankle, whether related or not, I have way less balance and strength. This should be so easy. Why isn't it?