Legal Question in Traffic Law in Florida

I'm not at fault and she has no insurance!!

I was merged into (is caused considerable damage) by this woman who has no insurance. The police came and confirmed that it was her fault. Can I take her to court or something in order to get her to have to pay for the damages, and if so, can I represent myself? I'm scared and confused!


Asked on 12/24/04, 1:47 am

1 Answer from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: I'm not at fault and she has no insurance!!

Yes you could file a law suit yourself, but it is very difficult to do everything properly. Also, what are your damages? While property damage is east to determine, personal injury damages are less easy to determine. You could foreclose yourself from recovering personal injury damages if you settle without an attorney.

Also, you need to determine whether you have uninsured/underinsured motorist coverage. If you do you can recover from there.

Finally, there may be more than one source to recover from. Who owned the car she was driving? Who owned the car you were driving. All could be sources of recovery.

To conclude, it would be wise to consult with an attorney. I would be happy to speak with you and offer a free consultation. I can be reached at (407) 625-4676.

Best wishes and happy holidays,

Richard Hornsby

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Answered on 12/24/04, 11:30 am


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