Legal Question in Personal Injury in Florida

What to expect in a No-Fault State

I was in an auto accident 2 years ago in which I was uninsured.I was sitting still waiting to turn into her lane when she started to back up.Before I could check my rear view mirror before backing up to getting out of her way,she scraped the side of her car on the front bumper of my car.We exchanged information.I agreed to pay for half since both of us would have gotten a ticket if a police officer had been called to the scene,which she insisted we not do because her husband would be mad at her since it was a brand new car.I met with her at her mechanic to get the estimate.She insisted that it was all my fault,that she was still and I was moving,that I should pay for the entire thing.I insisted on paying half.She refused my offer.Now,2 years later,I am getting a bill from her insurance company for the entire damage. This is the first that I have heard from them, I have checked both my credit report and DMV record and nothing is listed on either.There is no police report or anything. Just her claim with my information and her saying that I agreed to pay the whole thing.What can her insurance company legally do at this point? Do they or I have a leg to stand on?


Asked on 7/10/02, 2:29 pm

2 Answers from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: What to expect in a No-Fault State

You have two legs to stand on. But, if you are still interested in negotiating the claim, call them and make an offer. Should you need assistance in handling the claim you may contact me at (954) 693-0207.

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Answered on 7/10/02, 6:21 pm
David Slater David P. Slater, Esq.

Re: What to expect in a No-Fault State

The concept "no fault state" has nothing to do with responsibility for property damage to an auto. If she made a collsion claim with her carrier they are subrogated to any rights she may have had against you and they are subject to any defenses you had against her. You can try to negotiate with them or fight them in court. Goodluck.

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Answered on 7/10/02, 9:33 pm


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