Legal Question in Insurance Law in Florida

I was rear ended in November of 2008 by a young girl of 18 the car was registered to the father and supposedly insured in his name also. I had to put the claim through my insurance comany to have my car repaired and I had to pay my deductable and rental car. My insurance company has sent them to collection and they still will not pay. I am going to take it to small claims court but I have a few questions. First of all should the suit go against the father the daughter or both. Also, do I just sue for my deductable or do I sue for the full price of the repair of my car and pay Allstate back for their portion. I have tried asking my insurance company and no one can give me an answer. Thanking you in advance


Asked on 9/09/09, 12:32 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Usually your insurance carrier trys to collect your deductible. If they do not, you sue both owner and driver for it in small claims court.

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Answered on 9/09/09, 1:22 pm
Michael Tobin Michael M. Tobin, P.A.

You MUST notify your company if you file suit as you cannot split causes of action. The better procedure is to contact the company subro department and have their attorney bring the suit including your deductible interest and loss of use plus possible dimunition in value.

If you sue it should be with notice to the company and your name as Plaintiff "for the use and benefit of_____ Insurance Company." specifying their interest in the claim.

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Answered on 9/09/09, 2:10 pm


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