Uninsured motorist, expired tag, and suspended driving license

[milhome]

What is the name of your state? FL



On June 24, 2006 at Homestead, Fl while I was driving my vehicle at US 1 heading South when this lady driving her vehicle at US 1 heading North make a left turn w/out stopping or looking if any vehicle was coming. Unfortunate for me I was the one going south when she makes that terrible left turn. The lady didn’t have car insurance, her tag was expired and her driving license was suspended. Later I find out that she’s been like this since 2003 and all she got were traffic tickets, she pay them and kelp driving. She received a bunch of citations plus we have to go to court. I received the court letter (5 Sept 06) which indicates “The State Vs. Her (the lady). I have full coverage and my insurance had taken good care of me and my 16 years old nephew who was riding with me on that bad day plus he only was here for summer vacations. Yes, both of us where injured and taken to the hospital plus had to follow-up w/physical therapy. My vehicle was a “total loss” and still making payments to the bank. I don’t know if I will received any $$$ in order for me to buy another car. I already have "out of pocket" expenses for medical bills for me and my nephew due to the 80% PIP coverage, I’m still paying my monthly payments for my total loss vehicle because “GAB” insurance takes for ever and if I don’t make my monthly payments my credit will be affected, and rental car expenses. So, here I am paying for something that I already don’t have, still suffering for my accident injuries and she’s still out there somewhere enjoining like w/no responsibility and me w/no car and money to buy another car. My SUV was a 2003 vehicle so I have lost all these years that I pay ($22,000), my $4,500 down payment, nothing. I contact a lawyer after the accident and all he wanted was to sued my Insurance Company and I told him that I don’t want to sued them I want to sued her (the lady). For all my property damage, injuries, pains and sufferings. I need some advice before going to court because I’m really ^%#$^**(@#! and need to know my rights.

[shortbus]

If the lady was at fault, then legally, she has to pay for your damages. But in practice, if she didn't have insurance, you're probably not going to collect anything. True, if you sue her & win you can collect against any personal assets she has. But most injury lawyers working on contingency won't go after personal assets (though you may be able to find one who feels differently).

Your best bet is to claim against the uninsured driver coverage on your own insurance. Remember that you still may want to hire a lawyer -- even though it's "your" insurance company, they're not going to bargain with you more gently than any other claimant. If you & your nephew had to go to the hospital, a lawyer is pretty much mandatory to get what you deserve.