A few weeks ago my son's car was rear-ended on I-4 in Plant City.  The other driver was cited and found to be at fault for the crash.  He's pretty sure the other driver was a high school student and their father had just recently bought the car for them.

He called his insurance company the next day to report the accident.  A few days later his adjuster called back and reported that the other driver's insurance company was preliminarily denying coverage because they believed that particular vehicle wasn't on their policy and they were looking for proof either way.  My son didn't have uninsured motorist coverage (an expensive lesson) and was on the hook for his deductible to have his car repaired.

On my advice he contacted an attorney.  They were initially very receptive and agreed to represent him.  A few days later the other driver's insurance company supposedly found proof that the vehicle was insured and would be accepting responsibility.  A few weeks go by and my son gets a call from his attorney and is informed that the insurance company determined that the vehicle was not covered by the insurance policy and therefore he had no case against them and he would be responsible for filing against the other vehicle's owner in small claims court if he chose to.  When he asked the lawyer why they were dropping him instead of helping his sue the vehicle's owner, he was told "we don't sue people that don't have any money."

As far as I'm aware, his only real options now are to try to find another lawyer that agrees to help him (unlikely) or to file against them in small claims court.  I recognize that he would have to pay a small fee to file in small claims court, but I don't know if he would need to file in the county where the damage occurred or where the other party lives.  I also want to make sure that FHP and the court system holds the other vehicle's owner for failing to insure a vehicle that was registered and driven on the road, if at all possible (I understand that this seems petty, but if I have to pay for car insurance on everything I own so does everyone else).

I recognize that small claims court might be a complete waste of time, money, and effort as he may never get anything from the other party even if he wins.  I've never been through something like this myself and don't have all the information I want to give him.  I seem to remember at least one lawyer that hangs out in here, but I'm hoping for some advice from people that have been through this before.

TIA

My daughter was hit by a car who was trying to avoid another car so their insurance (State Farm) refused liability. My insurance (Geico) fixed our car and I paid the 1K deductible. Geico took State Farm to arbitration and in about six months later I got my 1K back citing a principle of you can't cause a crash to avoid a crash... really doesn't help you as there is no insurance company to go after.

A lawyer is a mute issue because there's not pot of gold at the end of the rainbow.

Looks like you have two choices... 1) eat the expense and cut your losses and time; or 2) file small claims in the county of the accident to recoup damages to the car and the deductible. Filing fee is about $150.00 but then you're facing costs for civil process... then even with a judgement, how do you collect?

I'd like to know how the car had a tag w/o a corresponding insurance company. Maybe some slim shady shit going on with the insurance company?

Have you tried reaching out to the other party to see if they are willing to do the right thing?  

ETA- maybe a conversation with the investigation officer/agency reference what proof of insurance was provided at the time of crash and whether or not an additional charge of Misrepresentation of Insurance is in order.

Morgan & Morgan?

No, but in the same ballpark.

May be worth trying to settle with the at fault driver directly. Save on court costs.