Auto Accident, Small Claims Advice in FL

[FLSunshine]

Sorry if this is off topic, but this is auto related...

 

On Sept. 8th I was involved in an auto accident I have PIP, no collision, my car is only worth like 2k.

 

A kid had borrowed someone else's car, and then hit my car, totallying both mine and his car. I was not injured and neither were they. I just want to recoup the value of my car so I can replace it. He was ticketed for the accident. Do I sue the driver or the owner of the car? BTW the car was uninsured, otherwise I would go after his insurance.

 

TIA

Edited September 15, 2005 by FLSunshine

[zx10 guy]

I would sue them both and let the judge sort it out.

[FLSunshine]

Plan right now is to name them both as defendants... but I want to make sure this is right...

[mk_378]

I used to think it was smart to only carry liability on my old paid-for cars, but after a similar headache I keep collision now. It doesn't cost much in premium because the company only risks the ACV of the car. It gives you a lot more "clout" in that your insurance co. will help you go after the other driver or their insurance in case of a crash that wasn't your fault.

 

If I did total the car myself, I'd eat the damage rather than file a claim to collect only a modest amount, and have premiums increased. The reason to carry collision on an old car is only because if you don't you are likely to get nothing when someone else hits you.

[zx10 guy]

Well it all depends. In my state, all cars are required to carry insurance. And if I do get hit by another car that doesn't have insurance, my uninsured motorist coverage would kick in.

 

Which brings up another point for the OP, don't you have uninsured motorist coverage?

[mk_378]

In the real world, the other car's insurance company can and will stonewall you if you are counting on only them to pay for the damage. When you have collision, you call ONLY your company and explain that the crash was the other guy's fault, your company will call their company and lean on them (or your company would have to pay you under your policy) and you WILL get a check.

 

In Virginia, Uninsured Motorist is required to be included with any liability policy, don't know about Florida.

[angabre]

Not sure if I can post this, I apologize in advance if I shouldn't but...

I went here and got some answers about my accident

 

http://community.lawyers.com/messageboards...art=&threadend=

 

They give prompt informative responses.

[FLSunshine]

I didn't have collision (i know, dumb.) and I didn't have uninsured motorist either (dumber). My thinking is this. Right now I have to buy a car and will do it, but I am going to file in small claims court against the owner of the car. Best case is he settles out of court and pays me. 2nd best case is it goes to court, I win and he pays me. Worst case is I go to court and win and he doesn't pay me. I think that it's worth a shot. Anyone have any opinions on this?

[Frontman]

You could file in small claims court, but even if you get a judgment there's no real guarantee you'll ever get payed.

 

More than likely the only thing you'll get is a lesson to carry more insurance on your own vehicle.

 

My brother was hit and killed by an uninsured driver a couple years ago. The driver's car was totalled, he had no money in the bank, a part time job, nothing to pay for the harm he caused.

 

Fortunately I carried full coverage on my paid off 12 year old pickup truck. I was able to get my PIP and uninsured motorist coverage to pay the maximum amount that I was covered for. Florida law says these policies will cover anyone in the insured's household if they are injured or killed in a motor vehicle accident. My brother was riding a bicycle at the time, but since he was hit by a car, he was covered.

 

Don't be stingy on your insurance, get as much coveraged as you can, regardless of how old the car is.

[FLSunshine]

Trust me, Lesson learned already. I hate that I am learning this the hard way.

Edited September 15, 2005 by FLSunshine

[compulady5]

Ok, I can relate to this thread, and being I just settled a judgement for an uninsured accident, I can answer this question.

 

In the state of FLorida, both the driver and the owner are held responsible.

(joint tort responsibility in the Fl statutes or something like that, I can't recall)..

Anyway- this case would fall under Florida's financial responsibilty law. You can look it up on the FL DMV website.

 

Sue the both of them; they are both liable for the accident.

 

(my case was my ex took my uninsured car without permission and totalled it- we both got sued, I had to settle my part with the attorney)

 

HTH.

[FLSunshine]

Thank you for the input. Sorry that happened to you.

[compulady5]

Well, poop happens. It's all over now and he's got the remaining 80% of the judgement to deal with. I'm just glad no one got hurt.

If you can't find the info I stated above, let me know and I'll find the pages and post them for you.

 

Oh and another thing.. If you DO get a judgement against them, and no one pays up, both of them will get their Fl DL suspended indefinately until they get a release from you or your attorney. So paying on their damages would keep them on the road. You would send a copy of the judgement to the state to do that. Within the first three years of that suspension, they have to get an SR22, which is expensive.

A little incentive for ya.

 

I know if it were me in your shoes, I would gather all my docs and file a complaint right away.

 

Good luck to you..

Edited September 16, 2005 by compulady5

[FLSunshine]

I found some of the info. Can you post what you have? Thanks sooooo much!

[compulady5]

Flsunshine,

 

You asked! ;-)

 

 

 

Florida Statutes:

Civil Negligence:

http://www.flsenate.gov/Statutes/index.cfm...0768/ch0768.htm

 

Motor vehicles and financial responsibility via Fl. Statutes:

http://www.flsenate.gov/Statutes/index.cfm...3EChapter%20324

 

 

Civil practice and procedure:

Oops, the link didn't work, so here's the main:

http://www.flsenate.gov/Statutes/index.cfm...=1&Tab=statutes

 

then click on title VI, civil practice and procedure. Look through that....

 

DMV FAQ's for crashes and insurance:

http://www.hsmv.state.fl.us/ddl/frfaqcrash.html

 

Bureau of Financial Responsibility:

http://www.oppaga.state.fl.us/profiles/6063/02/

 

That should keep you busy for a while.

I don't know when your accident occured, but keep in mind the SOL. This will be a civil case in, I believe, small claims. Are you going pro-se or contacting an accident attorney? The do work on contigency, so a consultation couldn't hurt.

[hoapres]

The best course of action, assuming that you are filing in small claims court, is to file naming both the owner and operation of the vehicle as defendants. Small claims court pleading rules tend to be extremely liberal and one is not expected to become an expert on tort law in determining responsibility. Depending on your state rules, you may be aware of the driver's insurance company and can name the insurance company as a fellow defendant.

 

One should check your state DMV statutes as many states will allow you to put defendant's license in abeyance - i.e. suspended - upon DMV being informed of an unsatisfied judgment due to an auto accident.

 

While many small claims court judgments are uncollectable, the spectre of losing a drivers license often inspires cooperation.

[compulady5]

Hoapres is right. AND in Florida, that is exactly what happens.

 

You take the case to court, naming both the owner and driver of the vehicle.

Both get a judgement... If it is uncollectable, the state will suspend both of their licenses until they pay you.

 

The state will suspend their licenses when you send them a copy of the judgement, so you'll need to do that. I listed the info above in those links.

 

:-)

[FLSunshine]

You guys rock! Thanks sooooooo much. When I get the letter back from insurance company officially denying the claim, it is ON!

[compulady5]

Go git em Sunshine!

 

 

Err, I Mean good luck and keep me posted..

 

[razor635]

In florida. If the other driver caused an accident, has no insurance then the owner of the car automatically has his license suspended for no insurance. It happened to me. Also has to have an SR-22 for 3 years from the date of the ticket, has to pay the ticket and the reinstatement fees. It really blows. It cost me almost $200 to get my license back. Not including the 900 in damages to the other car. This was in 90 though. The laws have gotten worse since then.

 

In FL the best thing is:

 

Always carry full coverage including uninsured motorist.

Carry as much as you can reasonably afford.

Do it even if the card is a rolling heap with the muffler dragging on the ground.

[genseeker]

Just an additional thought but if the "kid" who hit you was under 18, you could possibly add their parents as defendants. Doing that varies from state to state.