Do I have the right to sue the lady that hit me when I filed a claim and her insurance company tells me they cant get ahold of the insured lady, therefore theres nothing more they can do ?

I was involved in a car accident when the lady flew
across traffic and t-boned me on my driver side.
Damage was done to the vehicle as well as sent
myself to the emergency room. The police officers
showed up and got a report from the lady that
openedly admitted to hitting me and was citied for
careless driving. Now the claim that was filed by me
on her insurance company tells me they cant move
forward with my claim until they hear from the
insured lady and that my police report is a third party
statement. She flat out admitted to hitting me to the
officer and its in the report. What do I do now?

Asked on August 20, 2018 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can sue her: her insurer's inability or unwillingness to move forward in no way limits or restricts your right to sue an at-fault driver. You can sue her for all car damage, other costs (e.g. towing), any injuries or medical costs you suffered, etc. You can and should subpoena the police offers who responded to appear in court (you send them the subpoena once you gt a court date) to testify: they can testify as to what she told them (it is admissible as a statement against interest by a party opponent--that is, something bad for them which the person you are suing tells others is not considered inadmissible "hearsay"). You need the officer(s) to appear because the law does not generally let you introduce documents (like a police report) without a live witness to "authenticate" it (or confirm it is accurage) and being available to be cross-examined.

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