Legal Question in Personal Injury in Florida
I was recently in a parking lot fender bender. While backing out of a parking space I was hit by a lady who was backing out at the same time.
When I approached her she immediately began apologizing and said that she didn't see me or hear my horn blaring. I reported the accident to my insurance company and they've said that since there is no clear damage to the other driver's vehicle, no witnesses, and the other driver denies feeling the impact, I will have to pay my deductible in order to get my car fixed. Will my case hold up in court. Can I sue this person myself for my deductible.
2 Answers from Attorneys
If it was her fault, you can sue her for your deductible. However, I don't think you can prove it was her fault, and even according to you, you were both "backing out at the same time."
It will be your word against hers. It costs money to file a lawsuit (check your local court of clerk's website), so if you lose you will be out the deductible + court costs.
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