What should I do if I was in an accident and do not have uninsured motorist coverage? 4 Answers as of February 21, 2011

The driver that caused an accident which caused over $3,000.00 in damage to my car & 31 2 hour sessions of physical therapy. He only had PIP insurance and did not have bodily injury insurance. The lawyers say they can't help because I did not have uninsured motorist coverage. What are my chances in small claim court to receive money for pain and suffering? Should I spend the money to start the process?

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David B. Sacks, P.A.
David B. Sacks, P.A. | David Sacks
Unfortunately there is nothing else you can do but file a small claims court action based on the information you have provided. I cannot comment on the efficacy of any claim, but I can tell you that if you file in small claims court then you will be capped at $5,000.00 here in Florida.
Answer Applies to: Florida
Replied: 2/21/2011
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
Florida is a very debtor friendly, creditor unfriendly state. To file a law suit will cost you $400, plus you'll have to pay another $25-50 to get the guy served. You will probably end up with a judgment that you can frame and put on your wall, and it will make a good conversation piece. I would spend the money investigating the other driver's assets before I spent the money on filing fees.
Answer Applies to: Florida
Replied: 2/18/2011
Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
No attorney would handle this case. I would highly doubt you will recover anything especially since the person who hit you did not bother to pay for UM.
Answer Applies to: Florida
Replied: 2/18/2011
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