Miami, FL asked in Car Accidents and Personal Injury for Florida

Q: Was driving and a pedestrian got angry his bike broke and he threw the entire tire into the road and which hit my car

I don’t think he intended to hit a car - but he was visibly angry and threw with enough force it broke my side mirror and windshield- what recourse do I have? He stuck around and I filed police report - they said they have to wait on state attorney to decide what to do.

He has a suspended license and no insurance.

Total damage was $4k and I had twenty days without vehicle while repaired.

3 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Personal Injury Lawyer
  • Las Vegas, NV

A: You have a claim against him. His homeowners insurance might cover him. Even if no insurance he must pay and you can sue for the damage.

Terrence H Thorgaard and Charles M. Baron agree with this answer

1 user found this answer helpful

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

A: Generally in the kind of situation you describe, you can make a claim against the pedestrian for negligence, starting with any homeowner's insurance, and if none or no coverage, then in small claims court (if claim is for $8,000 or less), a fairly easy process, but collectibility is an issue to look at. If he is charged with a crime, the prosecutor may seek restitution as part of the sentence to reimburse you for the repairs, so you'd want to contact the prosecutor about that. If you have comp/collision coverage on your own policy, that should cover the windshield with no deductible, as well as the mirror with deductible (so possibly little or no money available for the mirror).

Terrence H Thorgaard agrees with this answer

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: One option could be to go through your own carrier, but that could involve deductibles. It could depend on the amount of damages. Good luck

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