Are you eligible for 624.128 Florida Statute, if it was a h & r? And at- flt driver is found days later.

Question

I was rear ended, on camera, by a hit & run driver. He seems impaired on the video as he walked to my car & back before driving away. I found him 10 days later and he admitted to the accident, was cited for no license and no insurance, in his moms car. It can't be proven he was impaired when he hit me. He did $7k in damages + cursory medical attention costs + loss of use of vehicle, and diminished value of vehicle... But has no insurance, so I'm on the hook for what my insurance won't cover = $500 deductible, 20% medical, etc... Will FL Statute 624.128 (DUI Victim not liable for deductible) apply?

Charles M. Baron · Answer

I don't know the answer regarding the statutory crime victim compensation issue (maybe someone else seeing this will know) - but you left out the issue of the driver's mother's insurance.  If the mother owns the car, she is liable for damage caused by her son driving the car with her permission, which, in turn, makes her insurance company responsible.  If neither mother nor son have insurance, you have the option to sue them in small claims court if you sue for $8,000 or less, but an issue there is whether you can collect on a judgment.  Also, you apparently have comp/collision coverage, and if you seek recovery from your own insurance company, it might be willing to file a case on your behalf (called a subrogation action) against mother and son to seek reimbursement to them plus your 500 bucks back to you.  Regarding your cursory medical attention costs, that should be paid by your PIP insurance (at no cost to you), and assuming the PIP benefits are not exhausted (and you have no permanent injury), that would be the resolution of the medical bills issue.

Q: Are you eligible for 624.128 Florida Statute, if it was a h & r? And at- flt driver is found days later.