Labelle, FL asked in Car Accidents and Personal Injury for Florida

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!

4 Lawyer Answers
Michael  Mayoral
Michael Mayoral
PREMIUM
Answered
  • Personal Injury Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: Potentially, however your injuries should be covered by your own insurance policy’s personal injury protection coverage.

Domenic J. Celeste and Tim Akpinar agree with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: 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 start with a pre-suit claim to their insurance company - or if you have been sued, you may counter-sue. If that at-fault party has no insurance or a low amount of liability coverage, you would make a claim to your own insurance if you purchased uninsured/underinsured motorist coverage. If you have no such coverage, and the at-fault party does not have sufficient insurance, you could still file a claim/suit, but would need to analyze collectibility.

Tim Akpinar and Domenic J. Celeste agree with this answer

Domenic J. Celeste
Domenic J. Celeste
PREMIUM
Answered
  • Personal Injury Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: Whether you can sue isn't the question as you can pretty much sue for anything. However, whether you have any chance of recovery is another, and more important, question. A lot more information would be needed to determine whether you may have a viable chance of recovery verses the parked truck. On this subject, I would recommend that you reach out to an attorney licensed in Florida and who regularly practices personal injury cases involving motor vehicle accidents for a free consultation to discuss your options. I do agree that, in the meantime, you need to report this accident to your car insurance and treat for your injuries using your PIP coverage.

Tim Akpinar and Charles M. Baron agree with this answer

Robert Fredrick Goings
Robert Fredrick Goings
PREMIUM
Answered
  • Personal Injury Lawyer
  • Columbia, SC

A: You can potentially bring an injury case if the evidence supports the fact the the truck was illegally or wrongfully parked in the road. South Carolina has laws that prohibit vehicles from parking in the roadways.

Tim Akpinar and Charles M. Baron agree with this answer

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