What to do if I got into an accident and the other driver recieved the ticket but had no insurance?

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What to do if I got into an accident and the other driver recieved the ticket but had no insurance?

I have $7000 worth of damage. I am a single mom of twin toddlers with no help. Lost my job becase my insurance won’t cover the damages because I did not know that I did not have collision coverage. The at-fault driver contacted me wanted me to sign a release of all claims form. I said I would signafter and if only she fixed the damages to my car. She agreed, after 2 weeks of back a forth now she doesnt return my calls. Do I have a case?

Asked on May 11, 2012 under Accident Law, Florida

Answers:

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

Answered 9 years ago | Contributor

If you had had collision coverage, you still would have had a problem with the insurance company going after the other driver because the other driver was uninsured.  You would also need to have uninsured motorist coverage.  With uninsured motorist coverage, you could have filed a claim through your insurance company to have your car repaired.

Since the other driver was uninsured, you will need to sue the other driver for negligence.  Your damages (the amount of compensation you are seeking in your lawsuit) should include the property damage to your car (cost of repairs to your car).  Your damages should also include the cost of a rental car while your car is being repaired.  You will need to mitigate (minimize) damages by having your car repaired at an auto body shop whose fees are comparable to other auto body shops in the area.  If you were to select the most expensive auto body shop you could find, you would have failed to mitigate damages and your damages would be reduced accordingly.  You will also need to mitigate damages when selecting a rental car by selecting one with a reasonable rate.  If you were to select the most expensive rental car you could find, your damages would be reduced accordingly.  Your damages should also include documentation of wage loss; however, the opposing party might be able to argue that you didn't mitigate damages by using a rental car or other alternate transportation to be able to continue working at your job.

 


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