Lawyers, Answer Questions  & Get Points Log In
Florida Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Civil Litigation for Florida on
Q: I was in a hit & run, and the other driver pulled off. Can a lawyer find them, or should I contact my insurance?

I was involved in a hit & run car accident on Friday, May 6. I was driving my Land Rover, and a Toyota Corolla rear ended me. She pulled over for a few minutes, but pulled off before the police arrived. I have a clear photo of her license plate. My land rover has $1000’s in rear end damage.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2022

GEICO knows about it, so it is doubtful that failing to "put a claim on [your] insurance" would save you any money. You should ask GEICO to pay the claim; if they do, they may want to try to find the identity of the Toyota's owner, and file suit against her.

1 Answer | Asked in Car Accidents for Florida on
Q: In florida, if i drive my mothers car without me being insured, is that legal?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 1, 2022

If you get in an accident without being insured, you will probably be in serious trouble. But does your mother have insurance? Have her check with the insurer to see if you would be covered.

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Never got any kind of compensation or justice from being hit by a car

My mom got hit by a car when she was crossing the road. She had to spend weeks in the hospital and suffered major injuries to her leg and head. I was a child at the time so my mom was not able to take care of me since she was in the hospital. So that effected our lives in that time.

The... Read more »

David Irving Shiner
David Irving Shiner answered on Apr 1, 2022

I am sorry to hear about your mother's situation. It is devastating to be injured in an accident and, even worse, knowing the at-fault party was not be held responsible for their negligent actions.

Under Florida's statute of limitations, you have four years from the date of the...
Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I am in the process of a personal injury lawsuit. The other driver that is responsible for the accident, his insurance

company wants me to sign a POA, to release my vehicle to them. Is it ok to sign that agreement for property damage. Even if I am suing them for personal injury

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 18, 2022

It's possible that they want to investigate the condition of the vehicle for some reason. Your insurance company should have assigned you an attorney. Ask that attorney about the document they want you to sign.

View More Answers

1 Answer | Asked in Personal Injury, Products Liability, Traffic Tickets and Car Accidents for Florida on
Q: What can I do? Suing GM will take years.My cars totaled price will never get me close to a reliable vehicle I need 4work

Feb 2nd I was doing the speed limit of 65mph around 7pm which was dark out. Upon reaching the top of a hill instantly saw a vehicle stopped in my lane w/out hazards on and rear ended them. I Driving 2010 Buick Enclave w/zero open recalls.but upon impact my seatbelt didn’t lockup nor did a single... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Feb 12, 2022

Firstly, do you have your own car insurance? If so, you need to report this accident to them immediately. If you have car insurance, hopefully they can pay the cost to replace your vehicle, although, I'm sure, it won't be much considering the year of the vehicle. Did the police come to... Read more »

3 Answers | Asked in Car Accidents, Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Exceptions to Florida Workers’ Compensation Immunity

I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?

Titus Thomas Nichols
Titus Thomas Nichols answered on Feb 8, 2022

I'm sorry to hear about this horrible incident. In your sceneario it is possible that both the driver and the company that he was driving for would be liable for your injuries. In Georgia, a company may be responsible for the torts committed by its employees. Additionally, there may be... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Florida on
Q: 2017 car accident now the person coming after me with lawyer, what should I do?

I was at fault for accident in 2017 , the insurance Paid her at the time of the accident. And close the claim. Now 4 years later she’s coming after me with an attorney. What am I supposed to do

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 18, 2022

Notify the insurance company to pay an attorney in your behalf.

1 Answer | Asked in Car Accidents for Florida on
Q: Wife rear ended someone. She has no assets or job. Is our home safe if we bought it together after our marriage?

We where advised by insurance company that a lawyer might be needed as the person she hit got an attorney. We thought full coverage also had liability for the injured party but we where wrong and we didn't have that coverage. If she is sued, can out home be taken away? She has no job, no bank... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 16, 2022

OK first of all, if your wife had no liability insurance on her vehicle, the chances that an attorney would pursue this claim against her are almost 0%. Secondly, even if an attorney did pursue this claim, and your only asset is a joint home titled in your names together, that asset cannot be... Read more »

1 Answer | Asked in Products Liability and Car Accidents for Florida on
Q: A driver hit my car at my job's parking lot and he was driving a rental. Is the rental company supposed to fixed my car?
Linda Liang
Linda Liang answered on Jan 11, 2022

No. The renter's insurance company. The renter should have insurance covering the rental car. You should look to that direction.

2 Answers | Asked in Car Accidents for Florida on
Q: Who is responsible for lost wallet in car accident?

I lost my wallet with $600 in it after a car accident. I left the wallet in my truck and when I went to retrieve it the next day from the tow truck company the wallet was gone. Is my insurance company responsible?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 29, 2021

Perhaps. You should read the policy to see if it excludes losses of this nature. But, in any case, I suspect that the insurance company will want more than your word. Do you have any other way of proving the claimed loss of your wallet?

View More Answers

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Civil Litigation for Florida on
Q: Can my car leaser add damages to my credit if I choose to return it damaged even though I have gap insurance.

Hello. I want to return my car because I plan on buying a house early 2022 and don't want a car payment listed as a bill when I apply for loans. I got into a wreck last month. I only have pip insurance. It's a fairly large dent in the driver side of the door. The person's insurance... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 29, 2021

Your plan has serious flaws in it, not the least of which is a possible legal claim from the dealer seeking the remaining monthly payments that you agreed to pay at the beginning of the lease.

Whoever told you that you can just return a badly damaged leased car to whoever leased it to you...
Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Florida: recently married. New spouse owned property prior to marriage. If I am in a car accident and it’s my fault can

The injured party sue them and their property if owned prior to marriage?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 17, 2021

If your spouse negligently entrusted you with the vehicle (if, for example there were no insurance), your spouse might be sued. If they were to recover a judgment, they could, in theory, levy upon your spouse's premarital property (as well as marital property).

View More Answers

1 Answer | Asked in Car Accidents for Florida on
Q: What happens after I filea a voluntary dismissalWithPrejudice in my personal Injury case?

My attorney filed for a motionless enormo The settlement agreement in court because I did not sign the release form and the court ordered me to sign the release form and file for the a.m dismissal.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 11, 2021

I don't know what you mean by "a motionless enormo", but if you agree to a dismissal with prejudice, it means that you cannot sue again for the same injury. The release has the same effect. Ask your attorney to explain it to you.

2 Answers | Asked in Car Accidents for Florida on
Q: My car was totaled in an accident and I think my tie rods must have failed. What can I do to prove this?

The insurance company did pay for my injuries but my pip didn't cover it. Also, the insurance company doesn't want to pay me what my car was worth. What can I do about all of this?

Michael  Mayoral
Michael Mayoral answered on Dec 9, 2021

You can consult with and retain an attorney who deals with insurance claims. The attorney should be able to do this on a contingency basis, which means you don't pay the attorney up front, but if you recover additional money, the attorney receives a portion of that.

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Just got a letter from a car accident lawyer. What are my next steps?

I was involved in an accident where both parties were deemed at fault by the officer. We traded information through the officer, and I told the other party I would be filing with my insurance when I got home, and they would be hearing from them.

Today, I received a letter from a local law... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Nov 15, 2021

If you have car insurance, it should defend you against the claim being made against you. If you believe you may have a claim against the other party (say you have injuries, car damages, lost wages, etc), then, just as the other party has done, you'd hire your own attorney. Unless you plan on... Read more »

View More Answers

2 Answers | Asked in Car Accidents for Florida on
Q: Mechanic picked car up to take it to his shop on weekend to fix it. Ended up wrecking into someone.

I found out I do not have collision insurance on my vehicle after the fact. The first quote I got back was for 10k. So if he does not pay for damages or does not have money, I will be taking him to court. Is it worth taking him to court and I am going the right route?

Charles M.  Baron
Charles M. Baron answered on Oct 22, 2021

The repair shop most likely has liability insurance. Request their insurance company information to set up an insurance claim. If insured, that will likely resolve your issue, but if they don't offer enough money to settle it, you may sue the repair business, and their insurance will cover... Read more »

View More Answers

1 Answer | Asked in Car Accidents and DUI / DWI for Florida on
Q: I am in FL and a drunk driver(insured)hit my parked uninsured car. Who pays to get it fixed? He was arrested on DUI

He has insurance I do not. I was not driving the vehicle. I was out of town and he hit it and tried to drive off. Was later arrested under a DUI. I just want my car fixed and idk what to do or who to call.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 13, 2021

Contact his insurance company and demand that it repair or replace your car.

1 Answer | Asked in Car Accidents for Florida on
Q: If I haven’t heard anything about a automotive accident what should I do?

My boyfriend and I coown my car. This morning he got into an accident with the car which had no insurance and his license is suspended. The other driver came into contact with him going 50mph on a 35mph street but he was named at fault because he ran a red light, so far I have no been notified... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 11, 2021

Be ready to negotiate settlement with the other car's driver; you are probably liable for letting your boyfriend drive the car. And start saving for another car. Next time, please don't have a car without insurance.

4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was in a car accident. I ran into the left side of a truck that was parked in the road.

Can I counter sue for injuries!

Charles M.  Baron
Charles M. Baron answered on Oct 4, 2021

For your medical bills up to a certain extent (usually about $10,000), your PIP covers you, and the insurance directly pays the medical providers. For compensation to you for your pain and suffering and for bills in excess of PIP, you may make a claim if the other party was at fault, and you would... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Florida on
Q: How do I minimize liability when letting my son drive my car in Florida?

My college-age son is on his mother's auto insurance (we are all in Florida). He wants to borrow my car several times per week to drive to school. I know based on Florida laws, if he gets in a wreck with the car it would go to my insurance before his mother's insurance. Is there any... Read more »

Erik A. Perez
Erik A. Perez answered on Sep 28, 2021

If he is involved in an accident in your car, both his insurance and your insurance may provide coverage, as you both may be named defendants in a lawsuit. You will have to review your policy to confirm there is coverage under those circumstances and it does not fall under a policy exclusion. If... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.