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Who to take to small claims court

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bspcivic

Guest
What is the name of your state? FL

I was involved in an accident more than 6 months ago. No one was ticketed. However, the officer did put the other driver at fault (F.S. 316.122 Vehicle turning left). They were on the opposite side of the road, attempting to turn left. Since then I have spent months trying to seek repayment from their insurance company. I did not go through my insurance because I do not wish them to pay to fix anything, especially if it is not my fault (would eventually increase my rate :mad: ) . Their insurance conducted a 3 month "investigation":confused: into this matter, and "determined" that I am 50% at fault. After months of going nowhere I am not sure who to take to small clamis court. A) the insurance company, B) the business that owns the vehicle, C) the actual individual that was driving the vehicle, D) some combination of A, B, and/or C. This is the short, short version. If anything is unclear or needs clarification, please let me know so I can give you as much information as possible.

Also, I am wishing to add to my cost, the depreciation of my vehicle, if this is possilbe (I bought it brand new, and take care of it). Since being repaired I have taken it to a few different dealers and most will pay me between $1000.00 and $2000.00 less than what it is worth, despite being repaired with all OEM parts and procedures.

Thank you.
 


JETX

Senior Member
"After months of going nowhere I am not sure who to take to small clamis court."
*** File against the owner and the driver.

"Also, I am wishing to add to my cost, the depreciation of my vehicle, if this is possilbe"
*** Good luck. Some states (not all) do allow a plaintiff to pursue an "inherent diminished value" claim. Go ahead and include it in your complaint and be prepared to provide sufficient EVIDENCE to support your claim of the lost 'value'.
For more on this, go to:
http://www.collisionclaims.com/
http://www.ican2000.com/dvfaqs.html
http://info.insure.com/auto/collision/diminishedvalue.html
https://www.autoappraisal.com/diminished.htm
http://www.lawyersweeklyusa.com/reprints/motoristreprint.htm
http://www.statefarm.com/media/dimvalue.htm
 
B

bspcivic

Guest
JETX thanks for the help. I found a lot of information on those sites.

Thanks again
 

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