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Everything happens for a reason, right? (Kinda long)

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Thats our jsutice system at work .

Sorry to hear about this and your troubles. I hope it all works out for you.
 

derek

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Sorry to hear about this. I have always thought the sentences handed down for alcohol related crimes aren't to strong and should be stronger.
 
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Hmmm...I'm surprised that your insurance company is writing it off. Florida is very victim-friendly and the state usually does an excellent job of making restitution a part of the sentencing. :scratchhe

I would recontact your claims adjuster and then go up the line to his/her supervisor and then manager until you get someone's ear and tell them that you expect for them to subrogate against this guy for your deductible and whatever they paid on the claim. Also, this lets your insurance company become the bad guy in his eyes, not you. I'd make them pursue it rather than go to small claims court yourself. They have the legal resources to handle this, they just don't want to because it's not an easy recovery.

Don't let them screw around with a collection agency first...tell them that you want them to file a lawsuit against him pronto. A lawsuit will only cost them a couple of hundred bucks and trust me, the guy won't answer it and they'll secure a default judgment against him. They can then revoke his driving privileges and file a lien against any real property until he pays off the judgment.

Unfortunately, you cannot garnish his wages in Florida if he's the head of his household. But, if the owner of the vehicle is different than the driver, you can name them as a defendant in the suit as well.

I've seen defendants surface after 20 years (no kidding) and make arrangements to pay on a judgment in order to get their license back, or to sell a home.

Make some noise with your insurance company...can't hurt.

Good luck!
Ratbert,

Thanks for the great advice. I will put in a call to the insurance company today and stir the pot a lil bit.

Thanks
 

tobby4

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That is the best way to go...

And depending on your insurance company may be a little easier to do than with others
 

AZsteelman

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Hey, at least you both weren't hurt. It could have been much worse. I'm constantly amazed at the things that can happen in this country with almost no consequences...
 
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