Visitor Question

Multi-car accident without adequate insurance coverage…

Submitted By: Maria (Orlando, FL)

I was involved in a 3 car accident where one of the drivers accepted fault, but his insurance only covers $10,000 for the accident as a whole. The other car was totaled and my car suffered almost $2000 worth of damages.

Since the amount exceeds their insured’s policy, the insurance company is not willing to pay to any of us in full.

My question is, does the $10,000 limit apply for each accident, or for each car? Also, how can I get the full amount of compensation for the damage to my car? Is the driver who accepted fault personally responsible? Thanks for any information.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Maria,

Insurance companies are only required to pay up to their insured’s policy limits. With that said, Florida law requires drivers to carry the following minimum amounts of insurance:

  • $10,000 for injuries to one (1) person in one (1) accident
  • $20,000 for injuries to two (2) or more persons in one (1) accident
  • $10,000 for property damage to one (1) or more cars in one (1) accident

Read more about Florida’s car insurance financial laws here.

If the drivers’ insurance is not sufficient to cover your losses, you have the legal right to pursue the drivers personally for any losses not covered by their insurance companies. If you sue them, it will be up to the court to decide who is responsible, and who is going to pay. At that point, the “ball will be in their court.”

Fortunately, Florida’s Small Claims Courts have jurisdiction to hear cases in controversy up to $5,000. In the event you decide to sue one or more drivers, you can do so in Small Claims Court.

You won’t need an attorney to do so. Judges in small claims courts relax the rules of evidence so parties can present their cases freely, and without concern over objections, claims of hearsay, evidence admission, and other legal requirements.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 16, 2017

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