Legal Question in Traffic Law in Florida

car accident

A few weeks ago I was in a car accident in Palm Beach County, Florida. It was a 4-way stop, I checked to see when it was my turn and went on my way. At that point I was past the median perpendicular to me, meaning I was already past the halfway mark to the other side of the street when I was rammed into on the side. The woman failed to stop completely and rolled into my car. My car was fully damaged on one side while her car had a small scratch. I was driving a small car, she was driving an SUV. No witnesses came forward and the police officer did not cite anyone. Because of this, her insurance (Progressive) refuses to pay for my damages and I am afraid to make a claim on my insurance (Allstate) because I strongly believe it was her fault and her insurance should pay. I also do not want my premium to go up. If placed in the scene, I can fully prove it was the other woman's fault. Is there something I can do in order to make her insurance pay for the damages on my car?


Asked on 9/22/07, 3:39 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: car accident

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Progressive is known for not wanting to admit liability for many traffic claims. You will probably have to take the other driver to court in order to prove her liability. You will do much better with an attorney representing you, as Progressive will probably provide attorney coverage to the other party.

Scott R. Jay, Esq.

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Answered on 9/22/07, 10:24 pm


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