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Florida Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Florida on
Q: Someone hit my truck 3 days ago and I don’t have insurance just got my license back. He did not have insurance and was s

And was scared so I did no call the cops on him. He promised he’d fix my truck. I got a picture of his license and tag number and phone number. Now he refuses to answer my calls or text. What could I do

Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2023

Your inquiry raises a few legal issues due to your decision to drive without insurance. One is, can you sue in small claims court (which takes cases for maximum $8,000), even though you were uninsured at the time? You probably can do that if you are able to present either a repair bill (with your... View More

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Is there a way to access car accident claims andopen lawsuit file against you and any claims made on your behalf online?

Is there a way to access car accident claims made on your behalf or made against you online including work related Car accident cases? Any open claims under your name open lawsuits that you have under your name. Lawsuit was filed under my old last name and I don’t know if everything changed over.

Charles M.  Baron
Charles M. Baron
answered on Feb 22, 2023

Lawsuit records, for both open and closed cases, are available online on the Clerk of Court website for each county. Claims that never made it as far as a suit are not.

1 Answer | Asked in Car Accidents, Gov & Administrative Law and Contracts for Florida on
Q: Does the FL 627.7288 mean that the deductible doesn’t apply for the rear windshield as well?

My dad’s back windshield was hit by a fruit or a rock or something and it was smashed. He called the insurance and they said they would cover it if it was the front windshield but because it is the back the back then the deductible still applies. I was reading the law and it says motor vehicle... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 18, 2023

Good question. That section reads as follows:

627.7288 Comprehensive coverage; deductible not to apply to motor vehicle glass.—The deductible provisions of any policy of motor vehicle insurance, delivered or issued in this state by an authorized insurer, providing comprehensive...
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3 Answers | Asked in Car Accidents for Florida on
Q: P R. While waiting to make a left turn got hit by drunk driver, car is total loss, my NY license was expire. Help

Insurance is going to pay $20000 the balance I still owe but what about all the money I invested. Someone told me that besides the insurance I’m supposed to get $5000 because of the inspection sticker. Please I don’t know the law in PR. Do I have a case even though my license was expired. The... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 17, 2023

Retain counsel here in Florida on contingency fee which means you pay nothing unless you win.

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1 Answer | Asked in Car Accidents for Florida on
Q: Am I liable if I drive someone else car with their permission and damage it in Florida

I paid someone to use their car and I got a flat tire. They are saying I damaged the the rim and interior of the car. Am I liable for the damages? I didn’t sign any contracts

Charles M.  Baron
Charles M. Baron
answered on Feb 15, 2023

You are liable if you in fact caused the damage. Your inquiry is vague as to whether you caused the damage, or if it was instead caused by forces beyond your control, or whether you agree or dispute that it occurred while in your possession. Whether you paid them or not, and whether you had a... View More

1 Answer | Asked in Products Liability, Business Law and Car Accidents for Florida on
Q: what If a company try to get the excess policy as required but the insurers do not offer said coverage anymore

but those insurers do work with similar transportation, TNC, cabs companies

Charles M.  Baron
Charles M. Baron
answered on Feb 7, 2023

You inquiry is too vague. I suggest you re-post your inquiry with more specifics, such as exactly who is requiring what (but not naming names), indicating what type of business needs what type of coverage, for what activity, and the source of whatever requirement you're talking about (such as... View More

1 Answer | Asked in Car Accidents and Contracts for Florida on
Q: Is it legal to list a fictitious address on car insurance?

Separated from husband, he just had to get new car insurance due to his accidents. He has listed a friends address as to where my vehicle is being kept., Is that legal or should I call the insurance company?

Charles M.  Baron
Charles M. Baron
answered on Feb 3, 2023

That is a matter of the terms of agreement with the insurance company, and those terms are contained in the written policy. If the address listed for the vehicle is not the correct address, that most likely violates the policy, subjecting the policyholder to cancellation of the policy. So... View More

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My wife was in accident not her fault & settlement is 25k 8,333 att fee 521 cost 5,223. Med Net 10,900

Is this normal?

Charles M.  Baron
Charles M. Baron
answered on Jan 27, 2023

I think you're asking if the disbursement amounts are normal, rather than asking if the gross settlement amount of $25K is normal. Either way, a lawyer would have to review the matter to tell you if the dollar amounts are as they should be. Regarding disbursements, GENERALLY: (A) the... View More

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1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: See below

There was an auto accident in our HOA. A resident (not me) hit a person on a bicycle. Our security company, under contract, is supposed to ask for ID for any person coming in the community day or night and any guest must be authorized by a resident to come in. We also have a sign that says no... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

a. You should ask the local police if they can and will prosecute the cyclist.

b. The resident driver's liability insurance company might be able to sue the HOA and the security company if the carrier is obligated to pay damages to the cyclist.

c. The cyclist is probably...
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1 Answer | Asked in Car Accidents for Florida on
Q: Can you be at fault for changing lanes when all the other cars are stopped and you turn on your signal in advance?

All of the cars are stopped and there is an open space to your left to pull into the left lane due to a gap left between a car and a truck. However, despite you already being halfway in the lane in the middle of the lane change, the truck suddenly accelerates in the middle of your change and slams... View More

Tim Akpinar
Tim Akpinar
answered on Feb 1, 2023

A Florida attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney for state-specific vehicle and traffic law, the general rule nationwide is that the vehicle changing lanes or merging has a duty to make sure it's safe to... View More

1 Answer | Asked in Car Accidents for Florida on
Q: Hi. I received a demand letter from an injury attorney, I was involved in a 5 mph accident. What can I do? Thank you

I only hit the other vehicle by accident at 5 mph, but they are claiming injuries. About the demand letter, what can I do. Any help is appreciate it

Charles M.  Baron
Charles M. Baron
answered on Dec 23, 2022

If you have auto insurance that includes bodily liability coverage, you have the option of giving the letter to your insurance company, and they must handle the matter for you, including providing legal representation free of charge to you. If you don't have that coverage, a good option would... View More

1 Answer | Asked in Car Accidents and Small Claims for Florida on
Q: If being stop at a stop light intersection and a cyclist strike your vehicle when you have a green light.

Police taken report, if drive of the vehicle was not a fault. What options would the driver have to proceed with this case? Drive was not injured, unknown status of cyclist.

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

If the driver was not injured, what does the driver need help with? I suggest you submit a new post to clarify that.

3 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2022

Yes, workers comp is for on-the-job injuries. You were driving as part of your paid duties, so you were on the job. But if the accident was the other driver's fault, you can also set up a claim with that driver's insurance and, if necessary, sue the driver (and owner, if different from... View More

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2 Answers | Asked in Car Accidents for Florida on
Q: Do I need all parties information following the accident?

I got into a car crash because a road rage driver who almost hit me in a parking lot so I honked to let him know I was there sought me out and cut me off. I react fast enough to where there was not any damage, but there was a small tap. The driver got out, yelled at me and then asked for my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 3, 2022

Fighting what? You indicate that there was no damage. If they do contact you claiming damage, you can get the driver's information at that time. Tell your insurance company that the driver failed to give you his information.

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1 Answer | Asked in Car Accidents for Florida on
Q: Does a person involved in a car accident that was not driving or owned the car have to do a EUO
Tim Akpinar
Tim Akpinar
answered on Nov 29, 2022

A Florida attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney on state-specific insurance law, the general practice nationwide is that carriers are permitted to conduct EUOs, or Examinations Under Oath, as part of their... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Florida on
Q: Who is liable for damages? Was she even suppose to be driving the vehicle without having general tags or temps on?

My husband was just in a car accident in FL with a driver that has NJ dealer tags on them, which she is not the owner nor dealer.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 1, 2022

Your husband can pursue a case against the driver and the car owner under the Dangerous instrumentality doctrine. Retain counsel here in Florida on contingency fee, which means your husband doesn’t pay anything unless he wins the case.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Accident auto, I accidentally hit back of Truck in Tennessee last yr. I've been served a cival summons. So need help.
Charles M.  Baron
Charles M. Baron
answered on Oct 26, 2022

I assume you were sued in Tenn. If you had insurance to cover your liability, the insurance company must provide you with an attorney free of charge. If you did not have coverage, you need an attorney who is licensed in Tenn. You can try the Justia Find a Lawyer tab or contact the Tenn. Bar... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: I have a cival summons for an auto accident from Tennessee where I accidentally hit the back of a pickup truck last year
Stephen Arnold Black
Stephen Arnold Black
answered on Oct 26, 2022

Turn the matter over to your insurance company.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I WAS IN A CAR ACCIDENT JULY 17, 2022 IS THERE ANYTING I CAN DO? THE ACCIDENT WAS NOT MY FAULT.

I WAS IN A CAR ACCIDENT JULY 17, 2022, I WAS NOT INJURED PHYSICALLY, BUT I HAVE GONE THROUGH NOTHING BUT MENTAL FRUSTRATION SINCE. I HAVE STATE FARM INSURANCE WHICH COVERED MY CAR RENTAL OF $1000, THEN ALLSTATE'S CLIENT THAT CAUSED THE ACCIDENT HAS TO PAY UNTIL MY CAR IS REPAIRED. THE PROBLEM... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2022

Your inquiry is vague regarding "Allstate's client" being responsible to pay. I assume you mean Allstate's insured (the at-fault driver), but he/she would not be personally responsible to pay unless his/her policy limits are reached. Allstate itself is responsible to pay up to... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: I was backing up in a parking lot and the other party was moving forward. Would both parties be at fault?

Police came to the scene in the parking lot and put improper backing on the police report and also stated on the report that both parties were traveling at 5mph. No one was cited.

Would we both be at fault and responsible for our own damages ,since we were both traveling at 5mph as stated... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 30, 2022

The issue is negligence - who drove their vehicle in a negligent (careless) manner by not properly looking out for oncoming vehicles? That could have been one of you or both, but if the officer blamed you, in documentation, for improper backing (even though he/she didn't issue a ticket) and... View More

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