I was rear ended by another driver that didn’t have car insurance in the state of Florida.

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I was rear ended by another driver that didn’t have car insurance in the state of Florida.

I was rear ended by another driver that
didn’t have car insurance in the state
of Florida. How do I file a file a
small claims law suit against the
driver for damages to my SUV?

Asked on July 31, 2016 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the at-fault driver for any amounts or costs or losses *not* paid by insurance--that is, to the extent you have been paid (e.g. insurance paid to fix your car), you can't sue, because you can't recover the same amount twice. You can only sue for any amounts which you have not been paid or reimbursed (or which were not paid for you, such as payments directly to a repair shop).
You should be able to get sample forms (e.g. a small claims summons and complaint) and instructions from your country court. Draft a summons and complaint for any amounts not paid by insurance, file in court, and serve on the other party (the other driver) as per instructions.
Note that since the rear driver in a rear-end collision is almost always considered to have been at fault, since he or she should have maintained a safe following distance and speed for the conditions, and should have been paying attention so as to brake in time, you would seem to have a good case for any amounts not paid by insurance (like a deductible).


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