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Hi and welcome to JA. Ray here to help you today.
You certainly can sue the driver here for negligence and get judgment.You may be able to collect then on the judgment and it liens any real property.You can do this yourself.If the other driver hasn't paid the limits here they may represent and try to settle with you here.Thats a possibility.I would try and file this yourself in small claims here.
A small claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000 or less, excluding costs, interest, and attorneys' fees. Forms that have been approved for statewide use are located within the Florida Small Claims Rules.
I would sue here for the $5k max and you also get filing fees and court costs as well.
I am so sorry you have had to go through this.I appreciate the chance to help you today.
If you had underinsured motorists you can file with your insurance here too.
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