I was involved in a car accident a few weeks ago where another driver changed lanes and hit my vehicle. My brother was driving at the time, and the other driver admitted fault on video immediately after the crash. We also exchanged insurance information and took photos of the damage.
When we contacted the at-fault driver’s insurance company, they later told us there were coverage issues and that they could not accept responsibility at that time. Meanwhile, my car became unsafe to drive (the alignment and tire wear got significantly worse), and I rely on it daily for work. Because of the delay, I ended up repairing the vehicle myself and paying out of pocket.
I also had to spend money on transportation (Uber) while the car was not safe to use.
My main questions:
In Florida, if the at-fault driver’s insurance has coverage issues, can I pursue the driver personally for damages?
Does fixing the car before the insurance investigation is complete hurt my ability to recover costs?
Can I still claim reimbursement for transportation expenses?
Would this situation be appropriate for small claims court?
I do have video evidence of the driver admitting fault, photos of the damage, and receipts for repairs and transportation.
I’m trying to understand my realistic legal options in Florida and avoid making costly mistakes.
At-fault driver’s insurance has coverage issues — what are my options to recover my costs in Florida
byu/Decent-Program2736 inInsurance
Posted by Decent-Program2736
3 Comments
You have too many questions. You should’ve filed it on your own insurance.
You also should mitigated your damages by not driving a vehicle that was fucked up. And yes, you have jeopardize your claim because you went ahead and repaired things yourself instead of following the proper processes.
Did you have uninsured motorist property damage on your policy? That would have covered it.
It may be too late to file now that you have already made repairs. I would try. A lot of companies will still honor the coverage after seeing photos of the damage, or speaking to the other sides insurance.
Dont know the amount of damages, or the limit in small claims in Florida. But if damages were under your deductible, its likely small claims is the way to go.
I would try your insurance first if you have uninsured motorist. It will pay much faster.
>n Florida, if the at-fault driver’s insurance has coverage issues, can I pursue the driver personally for damages?
Yes.
>Does fixing the car before the insurance investigation is complete hurt my ability to recover costs?
No. You have photos of the damage and receipts for the repairs.
>Can I still claim reimbursement for transportation expenses?
Yes. From the time of the accident for a reasonable time that it would take for the repairs. A few days to a week shouldn’t be a problem.
>Would this situation be appropriate for small claims court?
Yes. Florida small claims limit is $8000. You allude to repairs being less than your deductible so your loss is well within that limit.
>I do have video evidence of the driver admitting fault, photos of the damage, and receipts for repairs and transportation.
Good.
>I’m trying to understand my realistic legal options in Florida and avoid making costly mistakes.
Not rocket science. You’re good to go. Since the car is already repaired, wait and see how the coverage issue plays out. No sense throwing away court money if you don’t have to.