Legal Q&A

Answers to common legal questions about accidental injury, negligence, and insurance.
Question: Car hit me from behind, we exchanged information, now the person won't cooperate.

I was involved in a small accident car hit me from behind minor damage, I got her information name address picture of her license and license plate. Since the damage was small she offered to pay out of pocket. I agreed, 3 days pass. I try contacting her and she is ignoring my calls. I was told to file a delayed accident report form and send it to the address in Tallahassee, I was also told to file a civil suit against her. So I'm wondering what to do afterwards and would this by any chance affect my insurance in any type of way. If I contact my insurance company about this incident will my insurance rate be effected, I also did not get her insurance information because she said she had it misplaced.

Answer:

File the delayed police report as soon as possible.

Hopefully, you have collision coverage on your own insurance policy. If so, make a claim to have your vehicle repaired.

Even if you did not obtain her insurance information, your insurance should be able to locate it using her license plate. Your insurance would then file a subrogation claim against her insurance to recover what they paid out plus your deductible.

As long as your insurance is made whole again and recovers what they paid out, your rates should not be affected.

If you do not carry collision coverage on your own insurance, you can obtain her insurance information from www.add123.com as long as you have her vehicle information AND a police report number. Once you have her insurance information, file a property damage claim and get your vehicle repaired.

If it turns out that she did not have insurance at the time and you did not carry collision coverage, a small claims lawsuit may end up being your answer. You have a 4 year time limit in which to file that lawsuit and since you would have to pay a filing fee, I would suggest using this as a last resort.

If you experience any pain or injuries as a result of this accident, seek immediate medical attention and call an experienced personal injury attorney in your area.

Under the new Florida PIP (no fault) law, you must seek treatment within 14 days after an accident or you lose your PIP coverage. PIP coverage is primary insurance that would pay up to $10,000.00 in medical expenses and lost wages that are related to the accident. Hope this answers your question.

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