Apopka, FL asked in Car Accidents for Florida

Q: Can you sue the DMV for allowing a person with a Mexico driver license to register a car and then that car hits you.

The driver only had basic insurance so we got nothing for injuries or loss of work. We had to use our insurance for that.

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2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Sorry to hear that. Your inquiry is a bit short on facts, but I'm assuming you mean that the Fla. Dept. of Highway Safety and Motor Vehicles (DHSMV) mistakenly allowed a person with no Fla. driver's license to register a vehicle, then that same person drove that vehicle and caused an accident that injured you. If you were to sue DHSMV, your case would likely be dismissed at an early stage due to sovereign immunity principles. (This, of course, is on-line general educational information, not legal advice, which can be obtained only be scheduling a consultation with an attorney.)

Also, in the situation of being injured by an under-insured (or uninsured) driver, you must determine if your own insurance in effect at the time of the accident had uninsured/under-insured ("UM") coverage. If you did have the coverage, it would include compensation for your pain and suffering on top of medical bills and other losses. If you did not have UM coverage, you learned the hard way that you need to carry it in the future.

Chris White
Chris White
Answered
  • Personal Injury Lawyer
  • Washington, DC
  • Licensed in Florida

A: You should call me for a free consultation (434) 660-9701

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