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Mediation Monday morning, need advice

Discussion in 'Alternative Dispute Resolution' started by DownInFlorida, Apr 15, 2019.

  1. DownInFlorida

    DownInFlorida Law Topic Starter New Member

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    An insurance company has opened a case against me for money owed them from a *minor* car accident where I was uninsured.

    Amount: $3400: $100 for a medical exam $600 for the car damage, and $2700 for... pain and suffering? It is not quite clear, and the other driver actually worked for the insurance company, so she knew what to file for, apparently.

    They opened the case last year, but from what I can tell from the civil court website a judge dismissed the case last year, but now (under the same case number) I have been subpoenaed to appear for a mediation.

    The subpeona does not say "small claims" on it, I did talk to an attorney briefly who said the the room in the courthouse on the subpeona and the amount of the claim is definitely small claims.

    He also said they could not garnish my wages in the state of Florida as I am the primary wage earner in our household.

    1) Is the garnishment thing true?
    2) if mediation fails, can they file a judgement against me?
    3) I do not have access to $3400 (not in credit cards, not in savings, and my credit is so bad that I cannot get a personal loan- not for that kind of money). What would be a reasonable offer? $50/month? I really am living paycheck to paycheck, so anything like $100/month will be hard on us.
    4) Is there a way to see why it was dismissed to begin with and use that to my advantage?
    5) Anything else that I should do/not do in the mediation?

  2. adjusterjack

    adjusterjack Super Moderator

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    Now I know where the phrase "eleventh hour" comes from. It's 11:04 PM here in Phoenix as I start writing this.

    Why the question mark? Under Florida no-fault law your victim wouldn't be able to collect pain and suffering if you had insurance. But since you didn't have insurance you pay the whole freight.

    Irrelevant with regard to the claim.

    Yes, but it's not that simple. See 77.041 about the head of the family exemption:

    Statutes & Constitution :View Statutes : Online Sunshine


    How much money do you have? If you have no money you can't make an offer because you won't be able to pay it. However, I don't see $2700 for pain and suffering with only $100 in medical bills. Since you are your own insurer you have the right to demand the victim's medical records and medical bills just like any insurance company would do before settling. Put it in writing.

    All you can do is make the offer. Nobody can predict the outcome.

    Yes. Go to the courthouse and get copies of the case file. Don't rely on the online docket. Whether anything is to your advantage is anybody's guess. You haven't denied causing the accident so it's just a matter of money.

    Yeah, find some money to take with you. Talking about paying isn't paying. Paying is paying. If you want monthly payments it's best to show that you are capable of paying by paying something up front.

    Report back here after the mediation in you want more discussion.
  3. army judge

    army judge Super Moderator

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    1 Possibly

    5 If you file for Chapter 7 bankruptcy, your financial life MIGHT be easier, and the entire judgment will be washed clean as white clothes in bleach.

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