and the filed a report and she was issued a citation because she was speeding but they gave her reckless driving anyway when i contacted her insurance to get them to fix my car they wrote back saying her insurance had been cancelled more than six months ago! (im not 100% sure but arnt they supposed to legally contact the dmv and get ur license suspended? her's wasnt) (and this is in orlando fl by the way) so i tried calling her with the number she gave the police but it was disconnected i cant afford a lawyer and i havent been able to get the car fixed because my insurance deductible is a lot for me to pay right now. what can i do to get her to pay for something she did? (thats not violent) i know where she lives should i write a letter asking her to pay for it or should i just suck it up and keep trying to save up and pay for repairs rental etc myself, also i should mention the fact that i've had back problems ever since
2007-01-15 03:51:03 · 13 answers · asked by jj? 3 in Politics & Government ➔ Law Enforcement & Police
no i dont have any UM its not required by law least not here, its optional
2007-01-15 03:59:07 · update #1
also i drove by her house the other day (its on my way to the video store i wasnt stalking or anything) and i noticed she even bought anouther car meanwhile mines all messed up
2007-01-15 04:01:11 · update #2
she did not have insurance when she hit me. ive taken this long because i had absoultly no money when this happened i had just had to quit my job then when i found anouther one and was getting on track i got layed off i finally have a stable job and a part time so i want to resolve this now.
2007-01-15 04:06:30 · update #3
to answer sod girl67 yes she does own a home
2007-01-15 04:27:39 · update #4
the police report said the estimated dmg was $2,800
2007-01-15 05:04:20 · update #5
Do you have UM or uninsured motorist insurance? By law you should. Your best bet is paying the deductible and get the car fixed. I don’t understand why you would save up to make repairs if you have insurance, use your UM insurance that's what it is for.
As far as the lady that hit you, she is still liable regardless of whether she has insurance or not. The problem is a lawyer will only take your case if the person who hit you is insured or if you have UM insurance AND the damages are high enough to make it worth their time. If all you are seeking is a couple thousand in repairs its not worth it to go the attorney route. It will all depend on how high your UM policy limits are and what kind of damages you can prove. You can visit just about any attorney for a free consultation. If you hire one, do so on a contingency basis. This means you do not pay them anything out of pocket instead they collect a percentage of what they win.
Another route is to sue this women in small claims court yourself. The problem is if she doesn't want to pay you or doesn't show up to court there isn't much you can do. But if you do go the legal route it will take months if not years to resolve. So your best bet is still to pay off the deductible yourself.
Your idea of writing a letter might actually work, just ask for the deductible and tell her you wont pursue her in court. You will be bluffing but it might work.
*Additional Details* Ok so if you don't have UM insurance and that person is not insured you are pretty much out of luck. Sorry but attorneys are also businessmen and they don't get involved unless there is money to be made. In Fl it is easy to hide your assets so w/o insurance that women will be hard to go after. Your only hope is that the insurance company that dropped her made some mistake and she should have been covered. Only by filing suit will you be able to find this out, this will require an attorney and will require your damages to be high enough to make it worth an attorneys time to find out. Go see an attorney for a free consultation, they will probably tell you the same thing I just said but you've got nothing to lose. Whatever you do DO NOT hire an attorney on anything other then a contingency basis. Anything else I’m afraid would be a waste of your money.
2007-01-15 03:56:39 · answer #1 · answered by Daz2020 4 · 0⤊ 1⤋
Save up the amount of your deductible. Let your insurance company fight for you... that is what you pay them for. The hassle of trying to do all of this on your own is not worth the time and energy it will take. Eventually your insurance company will recover what it can from the other driver's insurance... It is not clear here whether or not she was covered at the time of the accident. If she did have insurance you will get your deductible back.
Why have you waited so long to get this resolved?
2007-01-15 04:01:17 · answer #2 · answered by C B 6 · 1⤊ 0⤋
I agree with C B......your insurance company should be the 1 fighting this battle for you !! You will have to pay your deductible to get your car fixed, but they should go after her in court to recover the money they pay to fix your car & get your deductible back. This is why we pay our insurance company all that $$. It may be useful to go document all that has happened since the accident with your local police department, just file an "information only report" and get a report number.
2007-01-15 04:11:43 · answer #3 · answered by Anonymous · 1⤊ 0⤋
This is not a total lose for you. If she is a home owner you could sue her that way from here home insurance. If she does not own a home try taking her to small claims court, they will put a judgement on her and she willl not be able to get anything worth having until that is paid off. Good Luck girl.
2007-01-15 04:26:45 · answer #4 · answered by sodgirl6763 4 · 1⤊ 0⤋
Call 1-800 the law2 they can probably help you with someone in your area. You don't pay if you don't win. I use them and they are good. you get a percentage the lawyer co. gets a % and the doctor if use one will also get a percentage. I am in California, maybe they have something like that there where your at. I know of a lot of laywers who are willing to take on a case that will make them money$$ and wait until you win to get there piece. I hope this helps you.
S
2007-01-15 04:04:21 · answer #5 · answered by pay_pal_gal 1 · 1⤊ 0⤋
Contact a lawyer, most will give a free consult and some will only make you pay if they win the case. you need to sue her. in Connecticut the insurance will contact DMV i'm not sure about FL
2007-01-15 04:00:48 · answer #6 · answered by Melissa B 2 · 1⤊ 0⤋
go sue her in small claims court. take the police report and get a statement from her insurance company that she'd let it lapse 6 months BEFORE hitting you.
if you do send her letters, keep copies of all the correspondence to use in court. and yes, she has to pay your medical bills.
HURRY before the statute of limitations runs out!
if you can't afford the filing fee, go call the people's court, judge judy, and those guys. they're likely to take your case, i've seen plenty of them on there just like yours. ETA: you don't need a lawyer. sue her yourself. there's like a $50 filing fee, in alot of cases it's cheaper than that. go to the courthouse and they can tell you how much it is, and also what your state's limit is on the damages you can collect.
again:THERE IS A STATUTE OF LIMITATIONS. i'm not sure what it is, so HURRY UP.
good luck!
2007-01-15 03:57:58 · answer #7 · answered by political junkie 4 · 3⤊ 0⤋
You can take her to small claims to either pay the deductible, or to fix your vehicle (depends on the amount of damage and what your small claims limit is) You wouldn't need an attorney for small claims.
They can order a judgement...
2007-01-15 05:02:36 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You need a lawyer. You should not have to pay to get one--in this type of case they usually work on contingency, ie take their fee out of whatever they recover for you. Look in your phone book for a car accident lawyer.
2007-01-15 04:48:48 · answer #9 · answered by njyogibear 7 · 1⤊ 0⤋
I wonder you live.! The laws are different, state by state..I would suggest going to your local court house and talk to the Clerk of Court. Explain your problem and ask how to file a complaint and how to go about taking this person to small claims court. Cheapest way out...Happy hunting.!!
2007-01-15 04:11:39 · answer #10 · answered by buzzwaltz 4 · 0⤊ 1⤋