Is AllState responsible for my losses?

Question

I was in a traffic accident 10days ago in Florida. The driver who hit me, ran a red light. I did not see any traffic coming, and even held off moving for 2-3 seconds. When I proceed across the intersection, she hit me. I was not cited and do not have insurance. I have 4 witnesses who saw the accident and confirm her running the red light. Am I at fault? Is Allstate, her insurance company, responsible for my totaled car, loss of wages, medical expenses and rental car. I am now with out a car, and have lost my job due to the accident.

Answer 1

why would you have held off moving into the intersection for 2-3 seconds if you had a green light????

You weren't cited for driving with no insurance???

Answer 2

I don't know where you are from but here if you have no insurance you have no right to be on the road so you would be at fault. Due to the fact that you shouldn't have been there and the accident would not have occured if you were not there.

Answer 3

Yes, the at fault party has insurance that will cover your losses, up to the fair market value for your car if indeed it is a total loss.  They will also pay any medical expenses that were a direct result of the accident.  No, they are not responsible that you lost your job, how was that in any way part of your accident, and they also won't pay the fine you will get for driving with insurance, which is illegal in Florida, which happens to be a no fault state.

The may reduce amounts and argue that you are somewhat at fault for being on the road without insurance.  Since you don't have an insurance company to stand up for you in that case, you would not be able to argue without paying an attorney to represent you.

Answer 4

Yes her insurance should cover it. thats what liabilty is for. so no matter what the other person is always covered.contact them and let them no you will not tolerate it.if you have  to threatin them with taking them to court.they will give you blue book value for you car.

Answer 5

It all depends on Florida. If they require a person to have auto insurance to drive there, then the insurance company can deny you because you were not a lawful driver. And they will try anything to prevent paying out money.

If Florida does not have mandatory insurance regulations, then the driver at fault must pay for damages.