Legal Question in Insurance Law in Florida

I am the damaged party of an auto accident. After a minor accident and the police not being notified the person at fault refused to provide their address. Their insurance company will only paid half of the damages. I wish to send the at-fault person a notice to sue for the balance of the damages but have been unable to locate her address. Is their insurance company required to provide me her address, and if not can the insurance company be compelled to provide their client's address prior to my filing a civil action?


Asked on 7/07/16, 10:54 am

2 Answers from Attorneys

Tina Willis Tina Willis Law - Orlando

Typically the insurance company will not pay anything unless you sign a full release of their insured driver. Also they might only be paying half for a variety of reasons, such as shared liability (fault). And damages usually aren't a certain number, so difficult to know whether you were paid "half." For example, damages include past and future medical, past and future pain and suffering, and past and future lost wages (related to the accident). Future medical & lost wages, as well as pain and suffering, are never a clear, certain amount. So basically the insurance company may have paid all that they think the case is worth, and you normally would have signed a release of all claims against their driver to get that money. Also pursuing cases against individuals is usually filled with impossible collections problems so very often not worth the time spent. Best of luck to you!

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Answered on 7/07/16, 11:13 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You can request the insurance available to satisfy your claims. That usually is provided with a certified copy of the insurance policy. That policy typically has an address on it for the policyholder.

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Answered on 7/07/16, 11:40 am


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