This may not be the right law category as torn between traffic and personal injury
. Had an auto accident
on 4/17 for which the other driver was at fault (ran a 4-way stop sign at 40+ mph), resulting in me broadsiding her rear driver-side door. She was cited for Operating MV in Careless or Negligent Manner by the state trooper and noted that distracted by being inattentive as well as a witness who supported that. I had no citation and had No Contributing Action listed on the report. Where it becomes problematic is that she was not the owner of the vehicle and her insurance
(Allstate) is different from the vehicle owner's (State Farm).
I live in FL, which of course being a no-fault state, the medical is responsibility of my insurance (Progressive
) with her insurance picking up any excess - already have an attorney for that portion as did suffer injury, but not the issue prompting my question.
State Farm (vehicle owner's insurer) was supposed to be responsible for the damage to my vehicle (granted she had 600K+ on her, but had new engine and significant work 1 week prior to the tune of approximately $3,500, but accept that she will most likely be totaled due to the fact that her speed twisted the whole front unibody from right to left). My question is related to settlement regarding the vehicle damage.
I was informed today that State Farm will be denying the claim due to material misrepresentation on the part of the vehicle owner (although dragged their feet for 3 weeks stating couldn't reach their insured). Will admit that being told that now falls back to Allstate to cover the damage from my understanding (who initially made an offer before they knew that State Farm was vehicle owner's insurance), but won't do anything now until State Farm formally denies.
I've researched some case law around Florida's stance on material misrepresentation, but have not been able to find much that is definitive regarding third-party claims against what appears to be insurance that will be rescinded. I know some states protect third-parties against this as a claim defense, but am unsure if that's the case in FL? Also concerned about the rental car costs while waiting - should I just purchase a new vehicle at this point and just accept that there will probably not be any vehicle amount any time soon? At almost a month, rental is now significant.
Finally, am I facing possible litigation
to recover fully? Concern there is that I'm due to move from FL to VA at end of June and would be fiscally difficult to return to FL on a regular basis. Really struggling with the fact that having done nothing wrong, I am now the one having to expend all my resources with no seeming recovery from the person responsible in sight (understand that's just a personal problem).