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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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My wife and I were in a friends car which was rear-ended at

Customer Question

My wife and I were in a friends car which was rear-ended at a stop light Sunday 5/17/15.
We were taken by ambulance to the hospital. We have incurred over $4,000 in Doctor / Therapy / Pharmacy out-of-pocket costs beyond the PIP coverage which was exhausted on 6/19/15. We never were approached by the drivers Insurance Company. I want to take the negligent driver to Small Claims Court to recover our losses. Would it be prudent to have legal representation ? I am planning to attend a Small Claims Court Clinic in Miami tomorrow but am not sure what to do ?
Submitted: 6 months ago.
Category: Legal
Expert:  Ray replied 6 months ago.

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.

Reference

http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml

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.

Expert:  Ray replied 6 months ago.

Thanks again if you can positive rate when we are done it is always sincerely ***** *****

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