answered on Sep 11, 2023
I’m very sorry to hear of the passing of the father of your children. In a nutshell, in the State of Florida any settlement for a minor when the case is in litigation must have court approval and usually all funds over $15,001 are put into a protected account for the child. Even if the case is... View More 
Can I sue the HOA of my building for damages?
answered on Aug 16, 2023
Depends on what caused the object to fly, and on the ability of the HOA to prevent it from happening. They are not automatically liable for someone, not an employee of theirs, hurling something, nor for the wind causing an object to fly if that occurrence was not foreseeable or preventable. If... View More
I was the rear driver. Police report says no damages or injuries. Other driver said he was going to claim his neck hurts because I said " there is no damage" before asking if he is ok. My insurance said I do not need attorney while they investigate, but I feel I should. Please advise
answered on Jul 29, 2023
Until you are served with a summons, you don't officially know that "other driver suing". Sit tight and let your insurance company complete its investigation. When and if you are served with process, be sure to notify the insurance company. At that point they will get an attorney... View More
We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More
answered on Jul 6, 2023
I agree with Mr. Black's answer. I don't agree with Mr. Selik's answer regarding the need to pay $$ to an independent attorney to supervise the insurance company and their attorney, unless there is some indication that they are not doing right by you. Your insurance company has... View More
We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More
answered on Jul 6, 2023
If you and your husband are living together under the same roof, even though the car is registered in your name, he should also be an co-insured under the same insurance policy. Turn over any summons that you get from the accident victims lawyer to your insurance carrier, and they should provide a... View More
We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More
answered on Jul 6, 2023
While it is possible they can go after your personal assets it is unlikely. Your insurance will cover you. Get your own attorney just to supervise the insurance company and insurance defense attorney to make sure you are protected.
I was rear ended, on camera, by a hit & run driver. He seems impaired on the video as he walked to my car & back before driving away. I found him 10 days later and he admitted to the accident, was cited for no license and no insurance, in his moms car. It can't be proven he was... View More
answered on Jun 29, 2023
I don't know the answer regarding the statutory crime victim compensation issue (maybe someone else seeing this will know) - but you left out the issue of the driver's mother's insurance. If the mother owns the car, she is liable for damage caused by her son driving the car with her... View More
No one was in the truck. It was parked on opposite side of small road but made difficult to get in my driveway. Only damaged my vehicle. Driver lied and said he wasn't driving and had someone else come to driveway. Driver also said they had flashers on and they didn't until after. I have... View More
answered on Jun 20, 2023
You would be 100% at fault IF you were able to see the object that you struck, before you struck it, and if you could have stopped in time had you been driving at a reasonable speed. If you could not see it due to some obstruction of view not caused by you, then you should not be deemed at fault.... View More
I was hit by a drunk police and they are trying to cover it all up I lost my job and car because of this accident
answered on Jun 19, 2023
Only if the person whom you wish to sue resides in Florida, which I assume is not the case here. Consult an attorney who is licensed to practice law in Puerto Rico. On the Florida Bar website, you can search for lawyers who are in Puerto Rico who are or were members of the Fla. Bar. It is likely... View More
I was hit by a drunk police and they are trying to cover it all up I lost my job and car because of this accident
answered on Jun 19, 2023
The claim has to be made where it happened or where the person at fault lives or does business. Contact the Bar Association of Puerto Rico https://capr.org/contactanos/ to find an attorney.
However, your Florida auto policy may provide coverage for medical bills, wage loss. If your work... View More
Deceased was mentally disabled and on SSD prior to accident. It was a motor vehicle accident that caused his death, he was a pedestrian.
answered on Jun 18, 2023
Sorry to hear about your loss, the personal representative appointed by the probate court is the person who will bring the wrongful death lawsuit. A non-dependent sibling can qualify to bring the wrongful death lawsuit and recover damages on behalf of the qualifying family members and the estate.... View More
Can I be liable for this utility trailer after the sale?
answered on Jun 7, 2023
The following comments are for informational purposes, not legal advice (for which you'd need to schedule a consultation with an attorney). You did not indicate if you made the trailer. Maker = manufacturer. Generally, a manufacture of anything that causes injury or damage due to negligence... View More
I recently had a car accident. It occurred when I was turning left, and the oncoming car was speeding. The cop gave me the violation ticket and judged it was my fault. However, I was sure the car was speeding, and the cop also reported that the oncoming car was unable to take unevasive action. In... View More
answered on May 30, 2023
You need to retain a personal injury attorney here in Florida on contingency fee which means you pay nothing unless you win. The police officer’s opinion as to who was at fault for the accident is not dispositive of liability in a civil case.
I recently obtained a car from a dealer in Miami Florida everything worked out and I got a loan approval from chase auto financing. It included GAP as per the dealer Chase wouldn’t provide me a loan without it. So that was on 1/2/23 of the year. I only drove the car for about a month or so and on... View More
answered on Apr 27, 2023
You can file a lawsuit for breach of contract or for declaratory relief against both Progressive and Dealer Protection Loyalty. I'd sue both because the GAP company may be right and Progressive may have undervalued what it should have paid.
When you're talking about only $7,208,... View More
rate to go up and i really do believe this wasnt my fault there was a million other spaces to park in and instead of waiting for me to pull out and leave she decides to pull in at the same time as me I just recently got into a no fault accident in a parking lot and i just wanted to contact you for... View More
answered on Apr 24, 2023
You didn't ask a question, but I guess you are wondering if you must contact your insurance company, and/or whether there's some way to prevent your rate from rising. First, if the other driver decides to make a claim, your insurance co. will find out from her, and your failure to report... View More
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
answered on Apr 22, 2023
If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.
If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would... View More
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
answered on Apr 22, 2023
Sorry, typo in my last answer, 4th sentence: "... at risk of you're not exempt..." should read: "...at risk IF you're not exempt..."
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
answered on Apr 22, 2023
Do you mean "on" her accounts as a joint account holder or only as a benefiary? Or are you a trustee, whose sole function is to administer a trust? That makes a difference. If you're a joint account holder, a portion of the funds may be at risk of you're not exempt from... View More
What can I do if my employer never close my case with my doctors and I’m unable to see my doctors? I’m trying to contact them but it’s going to their voicemail. Can I sue them for pain and suffering because of all the stress they’re causing me?
answered on Apr 7, 2023
If the indemnity/lost wages portion of your case was settled but the medical portion of your case remained open, you should contact your attorney or an attorney that has experience in workers' compensation cases to help. You may be able to file a petition for benefits seeking continued... View More
my insurance lapsed. trailer did not hit other car just my truck hit her. So i wanted to know if his insurance would be liable. the trailer owner.
answered on Mar 29, 2023
The trailer owner is not automatically liable merely because his trailer was attached. There would need to be some improper use or improper maintenance of the trailer that contributed to the accident. However, the lack of liability doesn't necessarily mean he won't be sued. Sometimes... View 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.
