I was in an auto accident but not at fault, how do I proceed with a claim?

Get Legal Help Today

 Secured with SHA-256 Encryption

I was in an auto accident but not at fault, how do I proceed with a claim?

The other driver turned and hit my car sending me into a utility pole. I went and had X-rays. Thankfully I was OK. I am a single mother and I am the only source of income in the household. I want her to pay for everything, damages, medical, as well as a rental car until mine is fixed. Where do I start?

Asked on July 1, 2011 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can start in one of three ways--

1) If your potential damages, or compensation--cost of repairing the car, medical costs, rental car, lost wages, etc. is large enough to to make it worthwhile to retain an attorney, hire  an attorney and let him or her do this.

Assuming you want to proceed on your own:

2) You can send a demand letter to the person who hit you, copied to his/her insurer if you know who they are, asking for a certain sum of money (or asking that certain types of costs,  such as medical) be paid and see if the response is at all favorable (favorable including anything but rejection out of hand; i.e you'd count their negotiating with you as favorable), and, if so, then trying to work out a settlement; or if the resonse is unfavorable  or you'd prefer to go right to court, you would

3) File a summons and complaint, probably in small claims court to reduce your costs (and complexity; small claims court is less formal); if you contact your local small claims court, in person or on-line, you should be able to get forms and instructions.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption