Legal Question in Personal Injury in Florida

Auto Accident

I was stopped at a red light and was hit from behind by a driver who knew the brakes on his vehicle were faulty and who also admitted to not having insurance on the vehicle. My auto insurance covers personal injury but doesn't cover collisions and I was told to go after the other driver on my own. Would it be a good idea to speak with him personally since I have his info from the police report, or should I seek an attorney first?


Asked on 4/07/09, 9:51 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Auto Accident

You can try to speak with him first. Particullarly if you are not hurt and this is just about property damage. Try to settle this without the expense of hiring a lawyer. Be sure to put your agreement in writing and it may be a good idea to have a lawyer take a look at it. Send me a copy of it by e-mail and I will do that for if you'd like. Causing an accident without insurance can result in the loss of his license, so he should pay for the damage that he caused.

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Answered on 4/07/09, 10:04 am
Jensen Grant Kanner & Pintaluga, P.A.

Re: Auto Accident

It sounds like you have the required personal injury protection. If you also had bodily injury protection on your insurance policy, you may have had uninsured/underinsured motorist protection as well, which provides additional coverage for your injuries in situations such as this where the at-fault driver is uninsured or underinsured. If you have bodily injury coverage, Florida law affords you uninsured/underinsured motorist coverage automatically also you explicitly sign a waiver rejecting it. Our firm routinely handles these types of cases. If you're still having property damage trouble, we also have persons within our office who specialize in these issues and may be able to offer some help. I certainly hope everything turns out well for you.

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Answered on 5/03/09, 8:48 pm


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