I was in an auto accident but not at fault, how do I proceed with a claim?
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I was in an auto accident but not at fault, how do I proceed with a claim?
The other driver turned and hit my car sending me into a utility pole. I went and had X-rays. Thankfully I was OK. I am a single mother and I am the only source of income in the household. I want her to pay for everything, damages, medical, as well as a rental car until mine is fixed. Where do I start?
Asked on July 1, 2011 under Accident Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can start in one of three ways--
1) If your potential damages, or compensation--cost of repairing the car, medical costs, rental car, lost wages, etc. is large enough to to make it worthwhile to retain an attorney, hire an attorney and let him or her do this.
Assuming you want to proceed on your own:
2) You can send a demand letter to the person who hit you, copied to his/her insurer if you know who they are, asking for a certain sum of money (or asking that certain types of costs, such as medical) be paid and see if the response is at all favorable (favorable including anything but rejection out of hand; i.e you'd count their negotiating with you as favorable), and, if so, then trying to work out a settlement; or if the resonse is unfavorable or you'd prefer to go right to court, you would
3) File a summons and complaint, probably in small claims court to reduce your costs (and complexity; small claims court is less formal); if you contact your local small claims court, in person or on-line, you should be able to get forms and instructions.
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