Legal Question in Civil Litigation in Florida

Re: small claims court

no, you cannot.

In any event, you probably were required to sign a release to get the funds from her insurance company. That would preclude a claim as well.

Finally, in terms of your property damage claim, if they paid you the fair market value of the car, the fact that a down payment was required to purchase another car is not relevant. That is not legal damage.

Re: small claims court

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If you have been listed as a creditor in the bankruptcy action, your debt, if any, is erased by the bankruptcy filing. As a result, you can no longer sue the party in any court.

Furthermore, you most likely had to sign a Release in order to get the monies you received from the other party's insurance company. If you had full insurance, you might be able to seek damages under your uninsured/underinsured motorist coverage.

Scott R. Jay, Esq.