Ask a Question

Get free answers to your Car Accidents legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Are you eligible for 624.128 Florida Statute, if it was a h & r? And at- flt driver is found days later.

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

Charles M.  Baron
Charles M. Baron
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

1 Answer | Asked in Car Accidents for Florida on
Q: A utility door on a parked truck was left open. When getting in my driveway I hit it, who's at fault?

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

Charles M.  Baron
Charles M. Baron
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

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: If I had a car accident in Puerto Rico but have Florida license can I open case in Florida?

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

Charles M.  Baron
Charles M. Baron
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

View More Answers

1 Answer | Asked in Car Accidents and Wrongful Death for Florida on
Q: Can non dependent siblings sue for wrongful death in Florida if the other possible recipients are deceased or estranged?

Deceased was mentally disabled and on SSD prior to accident. It was a motor vehicle accident that caused his death, he was a pedestrian.

James Clifton
PREMIUM
James Clifton
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

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: I have a utility trailer titled as Home Made in Florida. I am thinking of selling it. Am I considered the manufacturer?

Can I be liable for this utility trailer after the sale?

Charles M.  Baron
Charles M. Baron
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

4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: car accident

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

Stephen Arnold Black
Stephen Arnold Black
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.

View More Answers

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: What can I do if my GAP insurance doesnt want to Cover my Balance after car accident

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

John Michael Frick
John Michael Frick
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

2 Answers | Asked in Car Accidents for Florida on
Q: Are you open 24/7 for auto accidents?
Michael Fischetti
Michael Fischetti
answered on Apr 27, 2023

Yes, we understand that accidents do not follow a schedule and can happen at any given moment. That is why we are available 24/7, whenever you need us!

View More Answers

2 Answers | Asked in Car Accidents for Florida on
Q: I just recently got into a no fault accident in a parking lot. my damages are minimal but i dont want my insurance

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

Charles M.  Baron
Charles M. Baron
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

View More Answers

3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

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.

Terrence H Thorgaard
Terrence H Thorgaard
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

View More Answers

1 Answer | Asked in Car Accidents and Insurance Defense for Florida on
Q: Involved in car accident on March 08, 2021 &didn’t have car insurance. I was at fault both vehicles were totaled .other

Involved in car accident on March 08, 2021 &didn’t have car insurance. I was at fault both vehicles were totaled .other driver had a sprained toe &I had my head split open. Received notice that my license is suspended i owe 29k in property damage. for me to get my license back I have to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2023

Contact an insurance company and ask them about obtaining specialized insurance to cover this situation. The suspension notice you received should refer to such option.

1 Answer | Asked in Workers' Compensation, Car Accidents and Civil Rights for Florida on
Q: Case closed but case still open with my doctors and I’m unable to see my doctor.

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?

Brian Phillip Vassallo
Brian Phillip Vassallo
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

1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: I caused a rear end accident in florida in my pick up truck, trailer attached not owned by me. will he get sued as well?

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.

Charles M.  Baron
Charles M. Baron
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

1 Answer | Asked in Car Accidents and Insurance Defense for Florida on
Q: What can my parents do protect him and themselves since the car is in their name and they provide insurance?

My little brother just got his license was already involved in a hit and run. The other driver took off before the cops were contacted and a report was never made because my brother panicked and he also left the scene of the accident. The damages are estimated to be around $2000.

Charles M.  Baron
Charles M. Baron
answered on Mar 20, 2023

[Re-posting due to typo in prior post] You need to clarify your inquiry regarding "took off before the cops were contacted". Someone called 911 and gave identifying info, and then both drivers fled? Or the police were never called? The drivers can ID each other, or not? If no one... View More

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I'm 19 and I'm getting sued for 100k. I'm currently a full time student and I don't work or own any property.

One year ago I was involved in a car crash and my insurance company paid the other person involved the agreed amount. One year later (today) I'm getting sued for over 100k and I don't work and don't own property. What should I do?

Charles M.  Baron
Charles M. Baron
answered on Mar 16, 2023

The short answer is that you should schedule a consultation with an attorney handling personal injury cases. Your inquiry is a bit mysterious. Sued by whom? If your insurance company settled with the other party, they should have had that party sign an agreement releasing you from liability, and... View More

View More Answers

2 Answers | Asked in Car Accidents and Insurance Defense for Florida on
Q: If I’m getting sued should I pay off my car if I have the money? Car insurance won’t settle with person from accident

I rear ended someone and my insurance hasn’t settled the claim so I’m going to get sued

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 11, 2023

If and when you actually get sued, notify the insurance carrier of the lawsuit; they are required to hire an attorney to represent you, and pay any resulting judgment (up to the policy limits).

View More Answers

1 Answer | Asked in Consumer Law, Products Liability, Car Accidents and Lemon Law for Florida on
Q: Do I have a case?

I purchased a used truck about 1.5 years ago from a dealer. When asked about prior damage if any the dealer told me there was only minor. The car fax report only shows minor as well. While I was under the truck checking the size of the spare tire I noticed there is frame damage on the left rear. I... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 5, 2023

Regardless of liability or lack thereof, your first step is to get a written repair estimate, then demand that the dealer pay it, and if they balk, say you're planning to take legal action. That may or may not work, but there's no downside to doing it. That said, whether the dealer is... View More

1 Answer | Asked in Employment Law, Personal Injury, Banking and Car Accidents for Florida on
Q: I have several things that I have endured over the past couple years that I believe could be potential lawsuits differen

I'm basically want to hire myself and attorney that I can pay monthly payments to and I can go over all of my different practice areas and I believe they need attention it's too many things done to me wrong over the course of my life I understand there's a statue of limitations for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

If you're interested in hiring an attorney, you can search for attorneys in your area who specialize in the relevant practice areas for your potential lawsuits. Many attorneys offer free initial consultations, so you can discuss your potential cases and payment options during that meeting. You... View More

1 Answer | Asked in Car Accidents, Child Support, Collections and Identity Theft for Florida on
Q: I have several things that I have endured over the past couple years that I believe could be potential lawsuits differen
Joel Gary Selik
Joel Gary Selik
answered on Feb 28, 2023

Consult with experienced attorneys.

Use Justia search to find an attorney. https://www.justia.com/lawyers

1 Answer | Asked in Car Accidents for Florida on
Q: Insurance company debt collector threatening to request my license be suspended for debt. Empty threat?

In some cases does the DMV deny the request and is there a grace period to contest/prove hsrdship?

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2023

A Florida attorney could advise best, but your question remains open for a week. More details would be helpful, in terms of whether the matter involved overpayment, investigation, or other elements. You could start by learning what their debt claim is based on. A local attorney could advise more... 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.