Florida law requires that the other driver provide insurance information. Below is a sample letter requesting such information. If such a letter does not work, then you will probably need to file suit.
Dear Sir/Madam:
Pursuant to Fla. Stat. § 627.4127, each insurer which does or may provide liability insurance coverage to pay all or a portion of any claim which might be made shall provide, within 30 days of the written request of the claimant, a statement, under oath, of a corporate officer or the insurer's claims manager or superintendent setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance:
(a) The name of the insurer.
(b) The name of each insured.
(c) The limits of the liability coverage.
(d) A statement of any policy or coverage defense which such insurer reasonably believes is available to such insurer at the time of filing such statement.
(e) A copy of the policy.
In addition, the insured, or her or his insurance agent, upon written request of the claimant or the claimant's attorney, shall disclose the name and coverage of each known insurer to the claimant and shall forward such request for information as required by this subsection to all affected insurers. The insurer shall then supply the information required in this subsection to the claimant within 30 days of receipt of such request.
The statement required by subsection (1) shall be amended immediately upon discovery of facts calling for an amendment to such statement.
Pursuant to Fla. Stat. § 627.4127, I request that the above-described disclosures be made within the required timeframes.
Depending on the amount of damage, you could sue them in small claims court. Otherwise either have your insurance repair the damage or hire an attorney to pursue the matter.
File a claim with your own automobile insurance carrier under your auto collision coverage. They will attempt to investigate the insurance coverage of the adverse party. However, the easiest way is to file a police report and have the police get the information.
Legal Disclaimer:
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.
