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Can I sue the other persons insurance company for damages after two weeks if my insurance wont pay to fix my car?

Saint Cloud, FL |

On 1/13/2012 I was involved in a car accident of the turnpike. Driving onto the turnpike the truck in front of me stopped suddenly to make a illegal u-turn on the turnpike. I had no choice but to hit him due to oncoming traffic to my right entering the turnpike. He was cited for making a illegal u-turn on the turnpike and do to the Florida law I was cited for careless driving. I do not have collision on my insurance, so they won't fix my car... Can I see the other insurance company to get my car fixed if the accident happened on the 01/13/2012?

Attorney Answers 6


  1. You have 4 years from the date of your accident to file a lawsuit but you need to get in touch with the company immediately.


  2. You should certainly try to. If I were you, for a couple hundred bucks, I would retain a local traffic court lawyer to fight the citation, as you will be in a much stronger position with the truck's insurance company. Good luck.

    Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com


  3. You should seek out qualified Florida counsel to answer this question.


  4. Florida law presumes that a rear-striking driver is responsible for an accident; however, it is a rebuttable presumption that can be overcome with evidence that in fact the driver of the front vehicle caused the accident. It sounds like the driver in front of you engaged in what we call a "gotcha stop" and if that is proven, he/she could be deemed responsible.

    I would start by finding a lawyer familiar with traffic violations to help you with the ticket. At the same time, I would start making your claim to the other driver's insurance carrier. You may have a somewhat hard time finding a lawyer on the property damage claim if there are no injuries from the accident but I imagine someone in your area might be willing to help you out with that issue.

    Good luck.


  5. I would certainly argue that but for the truck driver's sudden & unexpected (u turns are illegal so not reasonably to be expected) you would not have impacted the truck. You run up against the counter argument of following too closely & thus being unable to stop in time. Perhaps a traffic attorney can help you not only fight the tix, but also make your property damage claim against the truck's insurance (or get some portion of your claim paid after discounting for your comparative fault). Good luck.


  6. YES

    The information does not create an client/attorney relationship and is for general discussion purposes only. All persons are advised to see a lawyer for a thorough review and consultation regarding their case.

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