Do I need a lawyer I was hit by a lady who does not have auto insurance?

I had to spend $3,100 out of pocket for rental, child care loss wages, my deductible and a increase on my premium due to the accident. Do I sue her or does this goes to small claims court and is it worth my time and effort to sue her?

Asked on March 22, 2016 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Small claims court is "suing" her. If she did not have insurance, she likely has little income or assets (i.e. little money)--people with income or assets to protect generally have insurance. Therefore, if you sue her, there is a reasonable chance you not be able to collect, since even if you win, you can't get money if she does not have any. However, small claims court is very inexpensive if you act as your own lawyer: it is most likely worth filing a small claims case "pro se," or as your own attorney, since you may get money out of it, and risk little but some of your own time.

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