Yes, you could still potentially be liable. However, if the vehicle was stolen, that would be a viable defense. Once you've been served with the lawsuit the first step should be to contact your insurance to see if they will provide you with an attorney to represent you in the lawsuit. This... View More

I hope your daughter is okay. There's an unresolved issue from your description of events - whether or not she was on the policy. Based on your post, you say you added her, but the carrier says she was not on the policy. That's going to make a difference in the handling of the claim. My... View More

First, you are not legally permitted to provide legal advice to your friend if you're not a licensed attorney. Your friend must directly contact a lawyer if he/she needs advice that he/she can rely on. General educational guidelines for the kind of issue you describe are as follows.... View More

Florida Statute 316.003 (73) defines "roadway" as "That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. I...". "Street or highway" is defined in subsection (89) to include any area, whether or not... View More

A Florida attorney could advise best, but your question remains open for a week. It isn't fully clear exactly what happened, but it looks like you were struck in the rear by another vehicle. I hope you are all okay. You could try to arrange a free initial consult with a Florida attorney to... View More

This is a question that her lawyer should answer, but if she is not represented then she should retain counsel so that the case is handled properly and all questions like this one can be adequately investigated into and timely responded to.

To add to Mr. Clifton's answer, he is correct that a 4-year limitations period would likely apply to your accident, but the law recently changed to reduce that to 2 years for accidents that occur after March 24, 2023. Since your accident was before then, the 4-year period likely applies,... View More

Generally in the kind of situation you describe, you can make a claim against the pedestrian for negligence, starting with any homeowner's insurance, and if none or no coverage, then in small claims court (if claim is for $8,000 or less), a fairly easy process, but collectibility is an issue... View More

Sure does sound like the kind of fraud that you can make a claim for. If the purchase agreement specified it was an "AS IS" sale, that would be a defense - but that defense could fail in some limited circumstances of there being certain clear, provable representations made by the seller... View More

Sorry to hear about your ordeal. It is possible to file a motion to withdraw a plea due to the plea being involuntary because of mental incompetence. However, due to the number of years going by and the (I assume) availability of the police report at all times, I believe you'd be facing very... View More

Your daughter should contact her insurance agent and forward a copy of the lawsuit to her insurance company as soon as possible (and make sure it is received). I am not licensed to practice law in Florida, but I believe an Answer to the lawsuit must be filed within 20 days after service of the... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2023

In Florida, considering employment with State Farm while having an open injury claim may raise concerns of a conflict of interest. To address this situation, it's important to be transparent and consider key factors. First, disclose your situation to both the potential employer and your legal... View More

I'm assuming you have a lawyer. If I'm right, I'm wondering why you're you asking this question online. Is there a problem with your lawyer's representation and advice? Is there a communication problem? If so, that is an issue that needs to be resolved as quickly as... View More

You need to either schedule a consultation with an attorney or contact a government consumer protection agency. For the latter, you can dial 311, the Miami-Dade County switchboard, and say you need to make a consumer complaint, or contact the Fla. Dept. of Agriculture and Consumer Services.

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

You should contact your local Social Security office to provide them with documentation showing that your worker's compensation benefits have ceased. They will need this information to update their records and resolve the discrepancy affecting your Social Security case. It's important to... View More

If you had insurance at the time of the crash, they will provide an attorney for you. You would only need your own attorney if there was not adequate insurance to cover the loss.

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

Yes. However, if no one was injured, and the police are kind, perhaps they'll be willing to get the other data needed (such as your driver's license) without charging you. If they're not kind, retain an attorney.

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