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  #1  
Old 02-07-2004, 10:16 AM
orependula278
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auto accident - violator with no insurance


What is the name of your state? Florida

I was involved in an accident in which I was rear-ended by a Toyota Corolla that was hit from behind by a full-size Dodge Ram pickup (1500). My truck was stopped at a light behind another car and I did not hit anyone. The Toyota was stopped or was slowly approaching when the Ram screeched behind this car. The Ram slammed into the Toyota and the front end of the Toyota was pushed under my bumper damaging the bumper and both rear quarter panels of my truck. I have only liability insurance coverage (uninsured and insured) as my truck is 10 years old. The police arrived and we exchanged info and I was able to drive home. No injuries to me or the driver in the Ram although the girl in the Toyota felt neck sprain from the incident. The driver of the Ram pickup was cited for the accident. I have found through contact with the officer that responded to the incident that the driver in the Ram was on anti-deppresants and had been drinking but was not charged with DUI. I also have a witness at a gas station who can corroborate the impaired condition in the officer's assessment of the Rams driver at the time of the incident. Also his insurance policy was cancelled as of March 2002, so he was uninsured. Both the Toyota and Ram are under the same insurance company and the Toyota is brand new (2004) and has insurance. I would like to know in this chain reaction accident, if the Toyota has some liability and if a claim against her insurance would likely succeed. Also is it worth pursuing in legal channels? Can both I and the girl in the Toyota file a joint claim against this individual in the Ram truck.

Sincerely,
Orependula
  #2  
Old 02-21-2004, 07:02 AM
orependula278
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Do any lawyers in this forum operate in Florida.
Thanks,

Andy
  #3  
Old 02-21-2004, 01:23 PM
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Join Date: May 2003
Posts: 2,607
I am not an attorney but the driver of the Toyota has no liability. If the damage to your vehicle was close to or under the small claims limit then you need to file in small claims court. Contact the magistrate where the Ram's driver lives and the clerk can provide you with the forms. There will be a small fee for filing and service.

I would immediately send a demand letter CRRR to the driver of the pickup. You need to give him a chance to pay before entering suit. Even if you win in small claims you will only have a judgement which you will then have to try to collect.
  #4  
Old 11-01-2005, 01:58 AM
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Posts: 3
Send a message via AIM to fortpiercelegal
um claiim

Sounds like a UM claim. Exactly why one should have Uninsured motorist. a lot of no insurance drivers causing accidents, however thats only for your injuries..
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