Legal Question in Personal Injury in Florida

Hi, I was in a car accident on November 1, 2010 with an uninsured motorist who was at fault based upon the investigation of my insurance company and need some advice about filing a civil suit against the uninsured motorist for property damage. My Policy at the time did not include UM/UIM coverage at the time of the accident only PIP/BI/PD 10/20/10. I live in florida so one was issued an ticket because we are a "no fault" state and we both had conflicting statements. I was traveling northbound on NW 27 and as I was approaching NW 167 Street I made sure I had a green light and proceeded to go and the other driver failed to yeild to oncoming and made a left turn in front of me causing the front of my vehicle to collide in the passenger quater panel of her vehicle ( she claimed she had a green turn arrow). She was not issued a ticket for no proof of insurance but when I called her insurance company they stated she had coverage conditions and I should file my claim through my insurance company which I could'nt because my car being repaired depended on who was at fault. I called her insurance company back 7 days later and they said she had a cancelled policy and I was 100% at fault for the accident because she had a witness which I knew was untrue because I had the police report in my hands which clearly stated there was no witness or witness statement. Her insurance company then sent me a letter stating they want nothing to do with the claim because she had a cancelled policy at the time of the loss. Then my insurance investigated the accident after recieving the police report and found her 100% at fault. I had to repair my own vehicle which costed me $4500.00 and my injuries sustained from the accident was covered by my PIP. I want to sue for my property damages but want to know if I have a chance of winning the case based upon the information I provided. I have all my documentations (i.e. letter from her insurance company, police report without witness and cost of my damages which has been paid in full)....Thank you in advance for those who respond.

Asked on 2/02/11, 2:08 pm

2 Answers from Attorneys

Daniel Oppenheimer Weinstein & Weinstein

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It sounds like you have a case for Property Damages against her insurance company. It doesn't matter if she canceled the insurance AFTER the accident, so long as there was insurance on the date of loss. I know you stated that she was an uninsured motorist, but are you sure about that? If she had a BI policy you can make a claim regardless of what the police report says.

I suggest you speak to a lawyer about your rights so you don't get "big-footed" by the insurance company. Feel free to contact my office at 954-389-8150 or visit http://www.fairnessforall.com for more information.

Answered on 2/08/11, 6:18 pm

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