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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
If the truck can be found here then they appear liable to me, they hit you and failed to yield.Otherwise you are likely going to have to rely on your coverage /comprehensive.Unless the missing driver can be found it is unlikely the thrid party will be found liable here.But the missing driver that hit you would be if they can be located.
I appreciate the chance to help you tonight.Thanks.
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Florida negligence laws use a comparative negligence system to determine the amount of liability in negligence cases. What this means is that each person who is at fault for an accident or injury is liable to the extent of his or her portion of the fault.
Example: if Peter is speeding on I-95 and runs into Denise as she's changing lanes without using her blinker, a court may find that Peter is 60% at fault and Denise is 40% at fault. Therefore, under Florida law, Peter is liable for 60% of Denise’s losses resulting from the car accident. This includes any expenses from injuries or property damage that occurred because of the accident. Equally, Denise is liable for 40% of any of Peter’s losses resulting from the accident.
So here from what you represent the officer could not ascertain who was more than 50% negligent.In that case each party may have to rely on their insurance.You turn it in on the other parties insurance, see what they determine.
I think so arguably you had the right of way since you were through or almost through here.
Each may pay for their own drivers car here, its a draw so to speak, equal negligence.This is why you want to have comprehensive , this is real common these days they can try and avoid paying.
It may well show up here if your policy has to pay.You don't want to Uber anywhere, virtually none of them carry proper commercial policies, if you have a wreck with Uber you are probably SOL. Most people don't understand that these guys lack commercial coverage until there is a wreck.
Have a great evening.
Looks like there are two different viewpoints here.Likely your insurance minus a deductible here will pay your claim and the other driver theirs.Looks like they changed their story for their insurance.
Yes many accidents end up this way.