What can I do if I was hit by an insured driver?

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What can I do if I was hit by an insured driver?

He was clearly at fault and that was agreed upon. However today a few weeks after the accedent, his insurance agency denied coverage because he failed to admit to having prior losses. How should I go about getting a settlement?

Asked on June 1, 2015 under Accident Law, Florida

Answers:

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

Answered 5 years ago | Contributor

You will need to sue the at-fault party for negligence.

Your damages (the amount of monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs to your car).  If you need a rental car while your car is being repaired, your damages should also include the rental car expense.  You will need to mitigate (minimize) damages by selecting an auto body repair shop whose fees are comparable to others in the area.  If you were to select the most expensive auto body repair shop you could find, you have failed to mitigate damages and your damages will be reduced accordingly.  The rental car you select should be one with a reasonable rate.  If you were to select the most expensive rental car you could find, you have failed to mitigate damages and your damages will be reduced accordingly.

If you were injured in the accident, your personal injury claim is separate from the property damage claim, but would all be included in the same lawsuit for negligence.  When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  Your damages in the personal injury claim would include compensation for the medical bills, compensation for pain and suffering, and compensation for wage loss.


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