What are my rights to get a car from the an at-fault driver’s insurance company?

I was involved in an accident in which an underage driver ran a stop into an intersection. My car T-boned hers and she drove off. The police found the 15 year old driver and located the mother whoowns the car. They were both cited. I have discount insurance and they said they have no help for me due to it being the other driver’s fault. Now I am stuck without a car and a special needs son who I have to get to school, plus I have to work. The other driver is insured and I cannot get any answers from their insurance company. What avenue do I need to take in order to get a car?

Asked on September 27, 2011 under Accident Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The at-fault driver's insurance company should be paying for a rental car while your car is being repaired.  The cost of repairs to your vehicle should be paid by the other driver's insurance company.  If your car was a total loss, you should receive compensation for it; however, the compensation will not be sufficient to pay for a new car.

Tell the other driver's insurance company that unless they respond and immediately authorize payment for a rental car, you will file a lawsuit for negligence against their insured without any further notice. In addition to a phone call to the adjuster handling this case, you should also send a letter to that effect. 

If you were not injured in the accident, your damages (the amount you are seeking to recover in your lawsuit) would be for the property damage to your vehicle. If you have documented wage loss due to lack of transportation, that should also be included in your lawsuit.

The mother of the underage driver is liable for negligence for letting the kid drive and also since the mother is the registered owner of the vehicle. 

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