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Old 11-16-2007, 03:20 PM
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At Fault Driver's Insurance Coverage Inadequate


What is the name of your state? Florida

I was involved in a 4 vehicle accident in February. Although I was not at fault, I did have to pay my insurance deductible and pay for a rental car (I did not have rental car coverage at the time). The at fault driver's insurance company sent me a settlement check for a tiny portion of my expenses, but I did not cash it as it seems there were disclosures that made me forfeit my right to seek litigation if I did so. I finally received a reimbursement check from my insurance company, but it was far less than my out of pocket expenses. My insurance company's explanation is that the driver at fault only had the minimum coverage and that money was prorated to each party involved. One of the cars was totaled, so my insurance company did not even collect the full amount that they paid out for my repairs. What I need to know is what to do to recover the rest of my out of pocket expenses? Do I take the at fault driver to small claims court? If so, any advice as to what type of paperwork I need to submit? It has been almost a year, and I need that money back!!!
What is the name of your state?
  #2  
Old 11-16-2007, 04:00 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,858
You can try small claims court, if you didn't sign a release form. But no guarantee you'll ever actually collect from the driver. You're not the only person looking for compensation, and with minimum insurance, it's not likely he has any assets.
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