QuestionI was a victim of a minor accident. My car was hit from a no insurance policy holder. He had a Puerto Rico liscence and a temp tag and claimed that he just moved to florida not to long ago. My insurance claimed that they will go after him personally for the damages but i still must pay the $500 deductable to get my Mercedez-Benz fixed. His 97 Pontiac with a temp florida tag was purchased just weeks before the accident. My question is this. Is it legal to drive a car of the lot with out insurance? Florida Highway Patrol said yes. I want your opinion. And why must I pay a deductable if I wasnt at fault? I understand my insurance cant bill his insurance for the deductable because he doesnt have insurance but it still not my fault and I dont have noninsured motorist insurance. But still cant they eat up the cost of the deductable and make him pay for it?
Answer
Dear Javier,
Sorry for the delay; going to bed so late after I finally got home from the replacement flight (after 4 AM) used to be something I might recover from pretty fast, but not these days, at this age. So I got behind on my work and I hope my delay did not result in any anxiety or loss on your part.
Why don't you just go and sue him, or insist that you be allowed to join in on the action of your insurer when they go after him? Make him pay the deductible
Best idea: ACT PROMPTLY AND TAKE AWAY HIS LICENSE.
Why don't you call your state department of licensing, or whoever deals with the financial responsibility laws and learn the procedure for filing an affidavit for uninsured motorist accidents? Once you file the affidavit of damage, they will suspend his license until he posts the amount of the damages in a bank account pending resolution of the court case.
As for your insurance questions, rates are built upon assumptions. One assumption is that they will not make gratuitous payments to cover deductibles. Your argument is with yourself for buying inferior insurance and now wishing you had bought the better coverage of uninsured property damage.
I would add the uninsured motorist coverage ASAP. Do you have it on your bodily injury coverage? What if he had caused you serious injury? Without UIM bodily injury coverage, you would be out of luck on collecting bodily injury pain and suffering damages.
NEXT TIME BUY INSURANCE TO PROTECT YOURSELF AGAINST THE NEGLIGENCE OF OTHERS—ALWAYS think ahead: The Smartest Way to Buy Auto Insurance http://www.settlementcentral.com/page8006.htm
Also consider the information regarding high UIM coverage in Smart Protection Auto Insurance http://www.settlementcentral.com/page8008.htm
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
