Auto Insurance Claims: No Insurance, small claims court, bristol west

Question
Hi.

I was involved in an auto accident mid last week. My SUV was rear-ended by another vehicle. I contacted the police, who arrived on scene half an hour later. We provided our driver's licenses, registration and insurance cards. The person who hit me was cited for careless driving.  We exchanged telephone numbers and I even gave him some advice on who to contact for his ticket.

I contacted my insurance carrier, Allstate, that evening. I filed a claim and then contacted his insurance carrier, Bristol West, and filed a claim as well. Four days later, I receive a letter that the claim is still being investigated. I contacted Bristol West to question the contents of the letter. The adjuster advised me that the person who hit me did not have an active policy with them at the time of the accident. He canceled his policy in March and the accident occurred this month (April). He lied to the police officer, showed a non-valid insurance card and was apparently operating a vehicle without insurance. I wish cops would VERIFY insurance at the scene rather than taking the person's word for it by showing "proof" of insurance. I contacted the police department and there was nothing they could do. They told me to call my insurance company. UM coverage no longer exists in Florida but is there any way I can go after this guy? I've called his cell number, which was the number he gave me the day of the accident, and he is not accepting incoming calls. I found his home phone number online but that number is apparently disconnected. My deductible is $500 and I certainly would like to be reimbursed. Please let me know what I can do, if anything can even be done.



Thank you for your time.



Rebeca"


Answer
Hi Rebecca,
I'm sorry to learn of your predicament.
The only option that I see left is for you to file small claims court action against the other driver/owner for your $500.

I realize that Florida insurance has been in a state of flux, since your legislators can't seem to agree on a proper plan.

There is a simple solution to verifying proof of insurance at the scene, and we have such a system in California.
The insurance company must file electronic proof of insurance to the motor vehicle department on the same day that they insure a car and then file an electronic statement on the day that the policy is cancelled or coverage removed.
The police are able to enter the car's license plate number on their in car computers and get immediate verification if an insurance policy is in force for that vehicle.

Perhaps you could write to your local state representatives and suggest such a plan for Florida.

I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area