Tampa, FL asked in Car Accidents for Florida

Q: I was intentionally rear ended by a driver who i later found out has no insurance what kind of justice do I have here?

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Is that a rhetorical question?

Your insurance should pay damages up to the policy limits. The other driver can be criminally prosecuted if it can be proven that it was intentional. What do you really want to know?

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Personal Injury Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Your question, asks a very open ended query? What kind of Justice do I have.

1st, you say the person intentionally rear ended you, proving the same will likely be a challenge.

2nd, your insurance should repair your car and if you purchased uninsured motorist coverage you can make a claim for your injuries against your UM policy. (your PIP insurance will be primary to help you recover from injuries if any, then your health insurance will kick in after that runs out).

Legally the person that hit you is responsible so you can sue that person for damages and the owner of the vehicle (if the driver was not the only or only owner of the car). But if the person did not have insurance you may be chasing or throwing good money after bad money.

Good luck,

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Unfortunately you can only do the following: 1) contact the DMV with the no insurance information, and ask that they have the other persons license suspended.

2) as to the intentional hit, contact the victim assistance coordinator of the DA's office

3) you can sue him for the damage to your vehicle but you also have an injury claim and should get the benefits of a consultation from a member of the Fla Justice Assn--they give free consults. You may have uninsured motorist coverage and even if you don't they may have an avenue depending on what papers you signed or didn't sign.

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