Legal Question in Civil Litigation in Florida

Re: We want to sue for damages

First, get another opinion concerning your insurance rates. It is not legal for the insurance company to raise your rates and not everyone elses for a collision and loss which was not your fault and not chargeable to you. That's why you carry UIM insurance - so you will be paid just as if the insurance was on the other car. Someone is misleading you.

You can, of course, sue the driver of the responsible vehicle for your damages. You will first want to answer the question "If he can't afford liability insurance, how is he going to pay me if I win?"

You would have one hearing [trial] with all parties and witnesses present, and the loser pays the debt.

Re: We want to sue for damages

You may sue both the driver and the owner of the vehicle for your damages. If either party was insured, the insurance company would defend the case.

Your damages include property damages as well as any medical expenses or personal injuries you may have suffered. If your total damages are less than $5,000.00, you may sue in small claims court. If your damages are greater than $5,000.00 but less than $15,000.00, you must sue in County Court. If your damages exceed $15,000.00 you must sue in Circuit Court. Depending upon which Court your lawsuit is in, would determine how the case proceeds.

Feel free to contact me if you should have any further questions.

Re: We want to sue for damages

You can sue both the driver and the owner in small claims court. But collecting may be a problem. How nuch car damage is involved? I would recommend making a claim against your company and they will bring a subrogation claim against the other parties. That's what insurance is for. His premium should not be increased for a not at fault accident. Uninsured motorists coverage is only for personal injury claims. Don't confuse it with damage to the car.