I was in an accident and the at fault driver was given a written warning. My car was damaged and is undriveable. The at fault insurance is very slow. I have been without transportation for two weeks. What do I do?

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I was in an accident and the at fault driver was given a written warning. My car was damaged and is undriveable. The at fault insurance is very slow. I have been without transportation for two weeks. What do I do?

Driving north on A1A in Cocoa Beach, Florida. Driver of a rental car was driving parallel to me on the inside lane. He went to make a left lane change and hit my car. I got my car home with a lot of worry and sounds. Adjuster came by and said not to drive it. I have been without the car for two weeks and do not know what to do. My insurance company, State Farm, says that if they get involved it will count as an accident by me and my rates will go up. Should I get a lawyer?

Asked on January 9, 2017 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The other driver's insurer is just that: the other driver's insurer. They do not owe a duty to you, only to their insured, and is voluntary on their part to offer you any settlement or compensation unless and until you sue the other driver and win. Since it is voluntary on their part to offer you anything, there is no time frame on it...they can drag it out as long as they like. The only way to move matters along would be to sue the at fault driver (you sue the driver, not the insurer). If the amount is less than the small claims limit, suing in small claims, as your own attorney or pro se, is a good option.


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