Auto Insurance Claims: With comprehensive, can I also sue hit and run driver?, uninsured motorist coverage, comprehensive insurance

Question
I live in Florida, and my car was totaled about a week ago by a hit and run driver. The police have found the driver, who actually lives four houses down the block from my home. The police report has not yet been made available, but I think it likely that the driver will be charged with both abandoning the scene of an accident and trying to conceal evidence, along with other possible charges.

Having reported the accident to my insurance company, my car was towed and will almost certainly be declared a total loss. The claims adjuster has not yet made a settlement offer. The car was a 1998 Honda Civic, with low milage and in excellent condition, and I expect the settlement payment, especially after my $500 deduction is taken out, to be way less than what it will cost to replace the car with one as stable and reliable. (I know that I can negotiate the settlement amount, but that's not what I wish to address in this question.)

I have done a bit of Web snooping, and it appears that the woman who hit my car is anything but poor. And having behaved so contemptuously, I don't imagine that any judge would deem her a sympathetic figure. I am therefore interested in taking her to court to help -- at a minimum -- with the expense of replacing my car.

I have comprehensive auto insurance, as, I assume, does she. In spite of this -- and here is my question -- do I have the right to sue her for damaging my car, or am I legally limited to an agreed upon settlement from my insurance company?

Answer
If she has insurance, they will likely cover your damages in full under her liability coverage.  You should try to find out who her insurer is and go through them.

If you prefer to use your coverage, it will be handled under Collision or Uninsured Motorist coverage, depending on whether she was insured.  Your UM deductible may be lower than the $500 for collision coverage.

You should avoid using the term "comprehensive" insurance, bacuse that is actually a separate type of coverage for things like vandalism or theft.

You can sue her for any out of pocket expenses, such as your deductible, or anything else that is not paid by insurance.  But you will not likely get anything more than that.  You could try for punitive damages, which are intended to punish, but they are very rarely awarded in cases like this.

If your insurer pays you anything, they will attempt to collect their payment from  either her or her insurance company.  They will probably also assist you in collecting your out of pocket expenses as well.