hit by uninsured driver

[kbkids]

What is the name of your state? Florida

Several months ago, I was rear-ended by an 18 year old who was uninsured. There was minor damage, and the kid called a few days later and told me he would pay for the damage and let him know how much the estimate was. I called back and let him know, and he said he would get back with me. A few days later, his dad called "politely demanding" that I get the work done at an auto repair shop where he knew the owner so his son would not have to pay as much. I informed him that I was not comfortable with the shop, as I have had work done there before which I wasn't pleased with. My vehicle is less than a year old and I want it to be repaired correctly. After talking with our insurance company, my agent told me that if we filed it, the kid would be unable to obtain insurance in the state of Florida for 7 years. I called the kid back, and he said that his dad had said he would pay for half, and that he would have the rest in two weeks. That was several months ago. I have since sent him a "demand letter" (certified mail) stating that he had until November 1 to get me the funds, or I would file a case in small claims court. He never responded. My question now is this, I have since noticed that on the accident report, the trooper did not check the box indicating the place on the vehicle that was damaged. I talked with a trooper friend of mine who said it was no big deal - it happens all of the time - and just to take a picture of the damage. But he also said, "Good luck getting him to pay even in court." If they order him to pay, is he not legally obligated? I just don't want to go to the expense of suing him if we may lose and then I still have to fork out my own money. I can file it with the insurance company, but our deductible is $500, and the amount of damage is $526. Should I go for this or not?

 

[JETX]

"If they order him to pay, is he not legally obligated?"
*** Yes, he is 'obligated' as the judgment debtor, but the court doesn't force him to pay. The enforcement of that judgment is up to you.

I would file with your insurance company. This is for several reasons, the first being that some estimates are increased once the body shop starts tear-down they find additional hidden damage. Further, you would likely need a rental car while your car is in the shop.

Finally, the insurance company could then decide to go after the deadbeat at-fault driver. Though that is unlikely due to the small amount, they might or they might give you a release to allow you to sue him for the $500 'damages' you incur.

Turn it in to your insurance as an 'uninsured motorist claim'. This also would give you some leeway with the state as most states allow a judgment creditor to suspend the license of an at-fault judgment debtor.

 

[kbkids]

So, if I'm responsible for making sure he pays what we may be awarded, I'm realistically no better off than I am right now, other than being out additional money for court costs. Kinda makes you wonder what the point of small claims court is.

"This also would give you some leeway with the state as most states allow a judgment creditor to suspend the license of an at-fault judgment debtor."
Explain this to me a little more simplistically . If we file under uninsured motorist, the insurance company is only looking at, at best, a $100 claim, so they probably won't go after him. Other than what they told me previously, that he won't be insurable for the next 7 years, which he obviously doesn't seem to be concerned with, are you saying that it is also possible that he may lose his license? Can all of this happen even if the insurance company doensn't sue him?
And if by chance they do decide to sue him, will we get back our deductible if they recover the money?

 

[JETX]

"Kinda makes you wonder what the point of small claims court is."
*** At this point, you have a simple, but unenforcable, claim against him. Your rights to try to force payment will expire when the SOL (Statute of Limitations) for a civil claim expires. This is set by state law, depending on the claim being made, but is usually something like 2 years. However, if you were to get a judgment against him, that judgment lasts much longer (currently 7 years and renewable in Florida). It would also give you additional enforcement 'rights' such as wage garnishment and property seizures. Rights you do NOT have as a simple claimant.

"Explain this to me a little more simplistically ."
*** Most states allow a judgment creditor whose claim arises from an accident with an uninsured motorist, to have that persons driving PRIVILEGE revoked (license suspended) until the judgment is paid. Contact your local courthouse to see if this process is allowed in FL (but it probably is).

"If we file under uninsured motorist, the insurance company is only looking at, at best, a $100 claim, so they probably won't go after him."
*** Agreed.

"Other than what they told me previously, that he won't be insurable for the next 7 years, which he obviously doesn't seem to be concerned with, are you saying that it is also possible that he may lose his license?"
**** See above.

"Can all of this happen even if the insurance company doensn't sue him?"
*** It could happen ESPECIALLY if the insurance company doesn't pursue him. If they pay out on this, then they assume the right to pursue him to recover what they paid due to HIS actions. If they do not pay out, then you have the full right to pursue litigation to recover YOUR damages due to his actions.

"And if by chance they do decide to sue him, will we get back our deductible if they recover the money?"
*** If they sue and recover the amount claimed, then they will return your deductible to you.

 

[kbkids]

Thanks! Looks like I'll be making a trip to the courthouse next week.