Actual Settlement: $35,000. This settlement is before deduction for attorney’s fees and expenses.
Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.
Case type: Personal Injury, Car hits Man on Scooter
For purposes of this article, “moped” is the same thing as “scooter”.
State/County of Settlement: Florida/Miami-Dade County, Florida
Settlement Date: November 2014
Claimant’s Atty: Justin “JZ” Ziegler
Careless driver’s insurer/Claims Adjuster: United Auto Insurance Company (UAIG)/Carlos Reina
Owner’s (of at fault car) insurer/Claims Adjuster: GEICO/Denise Araiza
My client was a 30-year-old male, who worked as a chef in South Florida.
How Accident Happened
On August 29, 2014, at around 6 p.m., a scooter rider was traveling southbound on NW 67 Ave crossing the intersection of Bull Run Rd. My client was the scooter rider.
This intersection is in Miami Lakes, Dade County, Florida. Another driver was traveling from Bull Run Rd in the eastbound direction.
Driver Fails to Yield Right of Way; Hits Scooter Rider
She crossed into the intersection of NW 67 Ave from a stop sign and into the path of the oncoming moped rider causing a crash.
The crash diagram is below:
Check out the damage to my client’s scooter below.
A picture of the careless driver’s car damage is below.
Fire Rescue Treats Moped Rider on Scene
Miami-Dade Fire Rescue responded to the scene. They treated the scooter rider.
He totally ejected from the crash. He had incapacitating injuries.
Moped rider is airlifted to Jackson Memorial Hospital
Miami-Dade Fire Rescue transported to Jackson Ryder Trauma Center for injuries sustained in the crash.
Traffic homicide was notified due to the scooter rider’s serious injury. However, they were called off once they learned that the moped rider was in stable condition.
Driver of Car Received a Ticket
The driver of the car was cited for failure to yield right of way – entering intersection.
Scooter Rider Fractures Upper Leg and has other Injuries
The claimant’s main injury was a fractured upper leg bone (femur). He also had a head injury. He is doing well now.
He also cut his face and body. He now has a scar on his face.
The hospital and ER doctor bills were over $80,000. I advised my client to quickly apply for Medicaid so that it could pay his hospital, ER and other medical bills.
Hospital hires a lawyer to collect its charges
Jackson Memorial Hospital hired a lawyer to collect its balance of over $80,000. I asked the lawyer to bill Medicaid but they refused.
The attorney wanted to get paid from any settlement that I was able to reach with the careless driver and owner of the car.
I told the attorney that I would advise my client not to settle his personal injury case unless the hospital billed Medicaid.
Hospital finally bills Medicaid
Finally, after months of waiting, the hospital billed Medicaid.
Medicaid paid about $18,000 or so for accident related bills. Medicaid asserted a lien for this amount.
Medicaid Accepts Less Because Claimant has Attorney
Since the claimant had a lawyer (me), Medicaid allowed for a reduction of (25%) attorney’s fees and costs. This is one of over 11 advantages to hiring a lawyer.
Medicaid agreed to accept a little over $13,000 to settle their lien.
If the client didn’t have an attorney, he would have owed Medicaid $18,000. The fact that he hired a lawyer saved him about $6,000 for this aspect of the case.
The motorcyclist was unable to work for months after the accident. He is now working as a chef again.
Available Bodily Injury (“BI”) Liability Insurance
Bodily Injury Limits for Careless Driver: $25,000 per person
Bodily Injury Limits for Owner of At Fault Car: $10,000 per person
We Settled the Bodily Injury Case for $35,000
The personal injury settlement – before attorney’s fees, costs and medical bills were deducted – was $35,000. Unfortunately, the scooter rider did not have uninsured motorist insurance.
The settlement value of this case was much more than $35,000. However, there was limited BI liability insurance and the tortfeasors had no assets.
Thus, we settled for $35,000.
Insurance Company for car owner denies PIP claim
I tried to get the car owner’s Personal Injury Protection (PIP) insurance to pay for some of his medical bills. PIP denied the claim because the claimant was riding a scooter that was more like a motorcycle than a moped.
Thus, I’ve also listed case with my motorcycle accident settlements.
I edited settlement release
I edited the settlement release so that my client doesn’t give up any rights that weren’t required to settle the case.
Did someone’s carelessness cause your injury in a scooter or car accident, or other type of accident in Florida?
I am a Miami car accident lawyer that handles scooter and other types of accidents in Florida.
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