i was hit from behind while driving for a delivery, and I can not get help with getting a rental car either from the at fault party or my own insurance, what can I do?

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i was hit from behind while driving for a delivery, and I can not get help with getting a rental car either from the at fault party or my own insurance, what can I do?

I was driving for Uber Eats and while doing my delivery I was hit from behind.
The police officer found the person that hit me at fault. The at fault insurance
company is delaying, I need to get into a rental and have my car taken out of the
impound yard, how can I speed this up. It is pretty clear where liability lies.?

Asked on October 14, 2019 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, there is no easy way to speed this up. The at-fault party's insurer has no duty or obligation to you--you are not their customer, you do not pay them them for insurance coverage, etc. There is nothing "unscrupulous" about them not wanting to pay you, since as stated, they have no duty to you.
The only way to speed matters up or force a resolution (since the at-fault party's insurer could legally drag their feet for years, until its too late for you to seek compensation) is to sue file a lawsuit against the at-fault driver (you sue the driver, not the insurer) and prove in court that he or she was at fault. If you can do that, his or her insurer should then pay the judgment against him or her.


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