Can I file a claim with the other driver's insurance company in Florida if I got a ticket?

Question

My car was totaled and I have liability only, do I have any recourse /can I file a claim to have my vehicle fixed. The other driver hit my vehicle however I did get a ticket.

Answer 1

No. If the car is/has been declared a 'total loss' by the standards of the state insurance board then the fair market value is all you would be entitled to.

Answer 2

I am not sure why somebody gave MSAD a thumbs down.  Her answer is absolutely correct!  File a claim and see what happens.  You may recover at least a portion of the damages especially in a Pure Comparative venue.

Answer 3

let's see, you were driving, failed to yield and were struck by your granny's car?

you want to sue?  

seems to me you are at fault and the other driver's insurance will be suing you.

edit:  i checked your prev questions, this one was interesting;

How long do you have to report a car accident to insurance in Florida?

I had an accident yesterday (looking back we were both at fault)

At first I told the girl i would take care of it but now I am thinking we should file a report and go the conventional way? Anyone have ideas/insight/experience on/with this?

1 year ago

Answer 4

You can always file a claim, question is whether or not you'll see any settlement.

I'm not really sure of the scenario that happened here.  You were driving, were struck by the other vehicle yet received a citation for failure to yield??

Answer 5

What was the charge on your ticket?

Answer 6

You can file a claim.

That does not mean that you will get paid -- but you can file a claim and see what happens.

Florida is a Pure Comparative state. That means they investigate the accident and determine what % each driver is at fault and they pay based on that %.

So - if they determine that you were 95% at fault and the other driver is 5% at fault. Then your insurance company would pay the other guy 95% of his damage -- and his company would pay you 5% of yours.

I can't tell you what the insurance company will do.....but you can always throw it up and see if it sticks.