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Suzi
10-18-2014, 07:14 PM
Late this afternoon I was struck by a slow moving golf cart that was backing up. Both the cart driver and I are fine. The person admitted fault, however, he has no insurance. He damaged the front right side bumper of my car. I did call 911 and police came and filed a report. The person is NOT from The Villages but rather Summerfield.

I have been advised by the police to have a neighbor who may have "car" knowledge, look and see if repairs would exceed my deductible. Insurance premiums could increase. The person who hit me will likely get a ticket, however, he may not be liable for my damages (I have no idea if he could or would pay anything anyway- but a wild guess is no).

My question is what recourses do I have? I probably haven't had an accident in over 20 years and never one in Florida and, frankly, need some advice. Tomorrow I hope to find a neighbor who may have auto repair experience but, beyond that, what would you recommend?

cologal
10-18-2014, 07:39 PM
Late this afternoon I was struck by a slow moving golf cart that was backing up. Both the cart driver and I are fine. The person admitted fault, however, he has no insurance. He damaged the front right side bumper of my car. I did call 911 and police came and filed a report. The person is NOT from The Villages but rather Summerfield.

I have been advised by the police to have a neighbor who may have "car" knowledge, look and see if repairs would exceed my deductible. Insurance premiums could increase. The person who hit me will likely get a ticket, however, he may not be liable for my damages (I have no idea if he could or would pay anything anyway- but a wild guess is no).

My question is what recourses do I have? I probably haven't had an accident in over 20 years and never one in Florida and, frankly, need some advice. Tomorrow I hope to find a neighbor who may have auto repair experience but, beyond that, what would you recommend?

Where were you? In a parking lot? If so good luck! This is a no fault state and you should have uninsured motorist coverage. Check out the damage and then decide what is best for you.

village dreamer
10-18-2014, 07:42 PM
I would go to a body shop and see what it will cost to repair,then call cart owner and see if he will pay,..............full cost..........or pay my deductible. if he says no,then take him to court.

Bonny
10-18-2014, 08:48 PM
Look into it. Maybe small claims court.

getdul981
10-18-2014, 11:35 PM
Where were you that soneone from "Summerfield" and not from The Villages ran into your car? Just because the cart driver doesn't have insurance doesn't release them from liability for damages they caused.

MikeV
10-19-2014, 06:27 AM
Who owns the cart? Just because the driver has no insurance doesn't mean the cart owner doesn't. Their insurance if they have any might pay.

Dr Winston O Boogie jr
10-19-2014, 09:04 AM
What's the difference if the person was driving a cart or hit your car with a baseball bat? He's still liable. And what's the difference if he has insurance or not? He's still liable. If he's not willing to pay for the damages, small claims court is the answer. I assume that he's on record int he police report as having admitted responsibility. Should be an open and shut case.

bimmertl
10-19-2014, 09:20 AM
Uninsured motorist coverage doesn't cover property damage claims so that's not an answer.

So you get a judgment against him in small claims court. Wonderful, so how do you collect on it? Doubt he'll show up, so it's a default. What next, file a garnishment action. Good luck.

Small Claims - Sumter County Clerk of the Courts (http://www.sumterclerk.com/index.cfm/small-claims)

Forget the neighbor with auto body experience. Just get an estimate from a body shop. See if liable party will pay. If damages exceed your collision deductible, turn in a claim to your insurance company. Premiums go up on claims when it's the insured's fault, not somebody else. Your insurance company will pursue the liable party in a process called subrogation. As part of their action action against the liable party they will include your deductible.

rubicon
10-19-2014, 09:27 AM
Three actions that are considered 100% liability on the part of the actor are backing into someone and overtaking someone on a highway and hitting a stopped/parked car all things equal meaning there are no intervening factors.

That deals with the liability issue and I am going to assume that an investigation by the police established the cart driver backed into the car and has listed "unsafe backing"as the liability factor on a police report?

The next issue deals with damages if any and/or the amount. In this situation I would suggest the car owner secure an estimate from a reputable body shop.

Since the OP claims that the golf cart river admitted he/she backed into the OP's car he is accepting liability and willing/able to pay.

If unwilling small claims court is the only avenue open to the OP. If unable to pay then the OP could secure a legal verdict and perhaps make arrangements to have the cart driver make periodic payments.

Finally if the damages are above the deductible the OP could have the insurance company pay and then subrogate against the cat driver for damages paid from both.

texasfal
10-19-2014, 10:57 AM
Even if the guy doesn't have insurance on the cart, his homeowners policy may pay. Contact an attorney.

JoMar
10-19-2014, 12:38 PM
Late this afternoon I was struck by a slow moving golf cart that was backing up. Both the cart driver and I are fine. The person admitted fault, however, he has no insurance. He damaged the front right side bumper of my car. I did call 911 and police came and filed a report. The person is NOT from The Villages but rather Summerfield.

I have been advised by the police to have a neighbor who may have "car" knowledge, look and see if repairs would exceed my deductible. Insurance premiums could increase. The person who hit me will likely get a ticket, however, he may not be liable for my damages (I have no idea if he could or would pay anything anyway- but a wild guess is no).

My question is what recourses do I have? I probably haven't had an accident in over 20 years and never one in Florida and, frankly, need some advice. Tomorrow I hope to find a neighbor who may have auto repair experience but, beyond that, what would you recommend?

Have you talked to your insurance agent?

rubicon
10-19-2014, 12:41 PM
The golf cat/car accident is excluded under the homeowner policy that is why people buy glf cart insurance

blueeagle65
10-19-2014, 03:23 PM
Twice recently, we (in our golf cart with the right of way) were almost struck by women NOT stopping their vehicles at STOP signs. Do people from other states not have to pass drivers tests to obtain a license? You MUST stop (fully) at the STOP sign BEHIND the white line painted on the street -and- yield to vehicles (golf carts included) with the right of way. I can't tell if they're stupid or have their head so far up (you know where) or just don't know any better. At any rate - watch out for these dingbats at each and every intersection you approach.

BobnBev
10-19-2014, 03:58 PM
Was this the crash at LSL? Saw 2 Deputies and a Trooper there.

Suzi
10-19-2014, 04:25 PM
Yes it was at LSL and I will contact my insurance co. tomorrow.

getdul981
10-19-2014, 06:18 PM
How did someone from Summerfield get to LSL in a golf cart?

dbussone
10-19-2014, 06:30 PM
How did someone from Summerfield get to LSL in a golf cart?


I believe I read it was borrowed.