I was hit by this guy, he was cited for improper backing the car was not in his name. When I tried to get his insurance to pay to fix my car they said that he and the owner of the car (his girlfriend) stated that he took the keys out of her purse and took the car without her knowing so they dont have to pay. I have been trying to find a law on "implied consent", but I'm having a hard time. I'm going to take them to small claims court. Any help will be greatly appreciated. Thanks You.

Florida is a no fault state - the damage to your car is covered by YOUR insurance company. Your insurance company then goes after the other party. If you want to sue for other damages,you need to be suing the driver. That is the person whose actions caused your damages.

__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

They say its a "no fault state" but its really not, if you talk to any lawyer in the state that handles any kind of traffic cases. My question is about the "implied consent" law, what it is actually called and where I can find it. Thanks for your response. I'm not talking about personal injury, I am talking about PD, in which florida state law mandates 10000 for PD. Their insurance should have paid to fix my car not mine. I simply want the 2000 dollars it cost to fix my car.

Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.