What to do if I was involved in an accident in which the person who caused it totaled 4 cars but only has the basic $10,000 coverage?

UPDATED: Oct 14, 2014

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What to do if I was involved in an accident in which the person who caused it totaled 4 cars but only has the basic $10,000 coverage?

Now my insurance and his won’t pay for a rental car. My insurance won’t pay for the GAP coverage because the driver of my vehicle wasn’t on my insurance but I was in the vehicle. Do I have any legal rights? What should I do?

Asked on October 14, 2014 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have the right to sue anyone--like the person you describe--who was at fault (that is, caused through driving carelessly or recklessly) the accident for your out-of-pocket costs (like car rental), repair costs, etc. flowing directly out of the accident. You are not automatically limited by the limits of his insurance; rather, you can sue him personally for your losses. Of course, even if you win, you can only collect if he has the assets or income to pay you; and if he only had basic $10k coverage, that may be because he could not afford more insurance or didn't have anything worth protecting.  So while you have the legal right to sue the at-fault driver (and only the at-fault driver(s); you cannot recover from anyone who was not at fault), as a practical matter, you may not be able to collect anything if the person  you sue does not have money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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