Legal Question in Insurance Law in Florida

Can an insurance company not pay for full damage caused by another

Made a rt hand turn at 4 lane itrsctn on red the other lt was ylw A car was not at the itrsctn when the light was ylw Visibility was fine Saw car slow down for the ylw lt I turned rt next thing i knew i was rear ended The driver got out of the car to look at damage said ''I can't hang around here, I was drinking.'' He took off. I followed the vehicle & used cell to call 911 rprtng a hit&run. He was pulled over & over Heard the officer ask about alcohol and, there are quite a few open containers on the floor.Found out he was sighted for ''Careless Driving'' only.Have 1,700 damage to my car Ins co said that since he was not sighted for a ''hit and run'' there is a chance he might be responsible for only half the damage:no proof that it was his fault, thanks to the local cnty and hghwy patrol. His car had quite a bit of front end damage. Do I have rights here? The officer did not cite him for DUI, open containers&leaving scene of an acccident.I was 8 1/2 months pregnant at this time. I denied medical att because I had a doctor appoint early next morning and my belly felt okay: there was still movement, but active. Next day the dr said the baby seemed fine. Baby unborn yet.


Asked on 10/20/03, 9:49 pm

2 Answers from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Can an insurance company not pay for full damage caused by another

Insurance company doing its usual "negotiating" trying to get you to settle cheap. If you have collision coverage you should have your own company pay less the deductible. Wait until the baby is born before you sign any release.

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Answered on 10/21/03, 9:32 am
Andrew Smith Law Offices of Andrew M. Smith, P.A.,

Re: Can an insurance company not pay for full damage caused by another

I would also add that in a rear end collision, there is a presumption that that "rear-ender" is negligent. You might wish to remind the insurance company of this.

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Answered on 10/21/03, 10:02 am


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