Legal Question in Personal Injury in Florida

Auto Accident property damage no injuries other person at fault

My truck was totalled by some driving down a residential street ,posted 35, in excess of 80 MPH and lost control of the vehicle hitting my parked truck. Police and EMS were called reports made, the other driver broke her collar bone and was transported to hospital. The owner of the vehicle has full coverage but she is not on it.I made a claim to the insurance company 3 hrs after the accident. I am without a vehicle, am handicapped, and have been jerked around by the insurance regarding a rental vehicle. This situation is messing up my schooling because I don't have a way to get there. The only injuries that I have sustained are the ones after the fact, like mental stress from this person totally messing up my life, plus all the extra money it is costing me to pay for rides when I can find one, plus I have a prepaid cell phone because I'm on a limited budget and I'm have to add a lot of extra money for all the calls to the insurance company. I am a single mother in my last semester of college for my AAS degree in computer programming and this accident has caused me to get way behind in my studies and am close to getting academically withdrawn for excess abscences. Can you help?


Asked on 10/27/04, 5:45 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Auto Accident property damage no injuries other person at fault

Did you make the claim with your insurance carrier or with the carrier of the owner of the vehicle that hit your truck? All you have is a property damage claim, and you may possibly be entitled to recover the cost of alternative transportation resulting from your inability to use your vehicle. You have no viable claim for any mental stress, or scholastic problems you are now encountering, so do not waste your time thinking that you might make a dollar from such claims because you will not. Try not to let the fact that your truck was damaged ruin your life because (1) you should not allow your life to be ruined because you temporarily have no vehicle and (2) because there is no recognizable legal claim of "you ruined my life" under Florida law under the circumstances described in your question. Push your insurance carrier and if they fail to cover the loss in accordance with the terms and conditions of your policy, visit with a lawyer experienced in first party bad faith insurance litigation. If your truck is a total loss, make sure the amount you will be getting from your carrier is in consistent with the value of the vehicle. Edmunds.com and kkb.com are two good websites that will give you a good idea of your vehicle's value. Good luck.

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Answered on 10/27/04, 7:59 pm


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