If I received a traffic citation for running a red light and then my ticket got dismissed, would I be able to file a claim against the other party’s liability insurance company for my injuries?

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If I received a traffic citation for running a red light and then my ticket got dismissed, would I be able to file a claim against the other party’s liability insurance company for my injuries?

I also got a supplemental police report stating my side of what happened in this auto accident?

Asked on June 24, 2015 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You may claim against the other party, but bear in mind that they and/or their insurer may decide to deny your claim. If they do--that is, they do not voluntarily pay you compensation--your recourse would be to sue the other driver (you sue the driver, not the insurer; the insurer will then typically step in to defend and, as needed, indemnify, its insurered, assuming the insured has applicable insurance). To recover money, you'd then have to prove in court by a preponderance of the evidence (that it is "more likely than not") that  the other driver was at fault in causing the accident, such as by going through a stop sign or traffic light, speeding, driving carelessly, texting while driving, etc.


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