My car was parked got hit by insurer had pip my car had 9000 towards loan it went to car loan i am out of car and stoll owe 3000 how to charge other driver for damages.

My car was parked driver texting hit
and total damage to my car.he had pip
only. i still owed 9000 which went to
car I have no car and still owe 3000
How can I sue or can I sue for damages.
And how?

Asked on June 23, 2016 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You sue by filing a lawsuit in county court against the at-fault driver and properly serving him with the complaint and also a summons, pursuant to court rules. If the amount of damage and other costs you incurred is less than the limit for small claims court, you are best off suing him in small claims, acting as your own attorney ("pro se") to save legal fees. You can get forms and instructions from the court. If the amount is more than the small claims limit, hire an attorney to help you.
If he was texting while driving, he was almost by defininion carelss, or at fault. You will want the police report for any lawsuit (you can get it with an OPRA request) and probably will need to subpoena the officer to testify, if it does not settle.

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