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Florida Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Florida on
Q: Minor auto accident and other parties lawyer asking us to fill out complete financial affidavit.

My wife was involved in a minor (very minor as in no damage visible) incident while at a light. She bumped into the car in front of her under 5 mph. The other party retained a lawyer though, and that lawyer has sent us an affidavit to complete that delves deeply into financial records. I need... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 3, 2021

You're not required to provide financial info to an opposing party unless and until there is a money judgment entered against you that you fail to pay. However, if the lawyer asked for disclosure of your auto insurance info, you are required to provide that (only) or just turn the letter over... View More

3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: Personal injury

Formal letter sent to adjustor 30 days ago, she has not provided information requested.

If a lawyer filed suit, and the insurer lawyer is not able to present the insured. Would a default judgement occur? And would the insurer be responsible because they didnt respond to the letter? Within... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 20, 2020

So keep in mind that many lawyers in the state of Florida do not file lawsuit. Lawsuits require real work and deadlines and confrontation with opposing counsel, and spending money out of pocket to fight the case in court. Most lawyers choose to just try to attempt to settle the case with the... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: Car accident question If the insurance adjustor fails to response to policy information letter (I quoted the statute)

And exceeded the 30 days, and hasn’t sent Information In Writing. If a lawyer filed suit, and the insurer lawyer is bot able to present the insured. Would a default judgement occur? And would the insurer be responsible because the didnt response to the letter?

Last plot twist would be is... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 20, 2020

If the letter was anything like your questions here, they probably didn't respond to your letter because they couldn't understand it.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Someone is trying to sue me and they hit me, and I need representation soon! The accident happened months ago.

I got word about the lawsuit months ago when they requested my phine records and heard nothing else until recently. Can someone please help?

Timothy Rowe
Timothy Rowe
answered on Dec 15, 2020

If you have automobile insurance on the vehicle you were driving at the time of the accident and had liability coverage, the insurance company has a duty to defend the case and provide you legal representation. Contact your insurance company immediately. If you do not have insurance, you may want... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: FL-I fired a lawyer. I was not happy with the lawyer do I have to pay the lawyer a percentage of a ending settlement

The lawyer put a lien on me but they want to have their name added to the settlement and the insurance company is telling me that they have to put the lawyer's name on it. Even if the lawyer did not help with the ending settlement amount.

Joseph Coughlan
Joseph Coughlan
answered on Dec 29, 2020

Typically it will depend on your contract of representation. While unpleasant, it is not uncommon for attorneys to assert a lien against a settlement even if they were fired before the case settles. In such cases, they will have to formally put you on notice of the lien and the contract will most... View More

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1 Answer | Asked in Car Accidents, Civil Litigation and Criminal Law for Florida on
Q: If the driver dies in a car accident in Florida, & they are driving someone else car with no license, who is responsible

I borrowed my girlfriends car. I told my sister she could use it to take her boyfriend home. She didn't & instead asked a friend to drive hin using my girlfriends car. The friend driving my girlfriends car wrecked & was killed. Would the owner of the car insurance cover the cost of... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 17, 2020

1. The short answer to most of your questions is that the insurance company that insured the car that was wrecked is the best source to get answers to all of your many questions.

2. Second guessing them I will only say that you and your sister and everyone else involved here have DIFFERENT...
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1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: If I was involved in an accident that only I was in no one else was involved, I had full coverage, what can I do about

Getting medical attention for my broken knee and back and neck pain? The doctors tell me to contact an attorney before they can treat me due to the extent of injuries they were aware of me being the only one involved and i believe i have 25000in pip but im still dealing with a broken knee and no... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 10, 2020

Did they explain why they told you to contact an attorney? Could they be confused and think you were the victim of another, at-fault driver? Your insurance company's PIP would cover up to the first $10,000 in bills (minus any deductible), then your health insurance, if any, would cover the... View More

2 Answers | Asked in Car Accidents for Florida on
Q: If someone has something sticking out of their parked truck into the road and I hit it, who is at fault?

The steal beam was run out the back pass-through window, out the back of the truck and 2 ft into the road from his driveway. There was a small red flag secured to it via surran wrap. The truck was unattended and it was dark outside. I did not see it and I hit it with my golf cart. The back window... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 7, 2020

Get your insurance company to hire an attorney to represent you. Let the insurance companies litigate it.

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1 Answer | Asked in Car Accidents for Florida on
Q: Does a claimant for an auto body claim have the right to choose their repair facility?
Charles M.  Baron
Charles M. Baron
answered on Nov 2, 2020

Depends on insurance policy language.

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Can someone sue me for a car accident after it was dismissed with prejudice?

In 2014 I was in an at fault car accident. It was later resolved with a dismissal with prejudice. I just found out my license is suspended and when I called they told me I had a lawsuit against me for the accident. I looked up the florida court records and they had opened a new lawsuit against me... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 20, 2020

If the second suit is for the same incident and same claimed damages, a motion to vacate the judgment in the second suit should be filed and set for hearing before the judge currently assigned to that case number. You must compare the complaint filed in the first suit to the one filed in the... View More

1 Answer | Asked in Car Accidents for Florida on
Q: i need information on a hit and run accident .the other car had minor damage. unintentional accident

what kind of lawyer i need for the court hearing

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 16, 2020

I assume you were charged with leaving the scene of the accident. You need an attorney who has experience in criminal law.

3 Answers | Asked in Car Accidents for Florida on
Q: I was hit by another car and come to find out my ins was canceled and I didn’t know it what happens now?

I wasn’t in pain when it happened but I am now do I still get checked out even though I have no insurance and live in a no fault state?? Or how does it work?

Charles M.  Baron
Charles M. Baron
answered on Sep 17, 2020

Immediately call a personal injury attorney in your area. First thing to check is the validity of your insurance cancellation, as your insurance has PIP coverage. The next thing is to determine the insurance carried by the other driver, if he/she was at fault.

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1 Answer | Asked in Car Accidents for Florida on
Q: I had a very minor fender bender Involving my vehicle and a parked vehicle

I was cited for violating limitations of backing statutes but I wasn’t actually driving the vehicle ....my vehicle did not shift fully into park and minutes after I had exited it disengaged from park and jumped through neutral and into reverse....at which point my Jeep moved very slowly backwards... View More

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2020

A Florida attorney could advise best, but your question remains open for three weeks. It's possible the other side could raise the issue that the parking brake could have averted the minor accident. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents and Criminal Law for Florida on
Q: If someone gets a affidavit for a felony charge, does the affidavit act as a warrant for their arrest
Henry George Ferro
Henry George Ferro
answered on Aug 12, 2020

Your question is somewhat confusing...an arrest warrant is issued by a judge...and arrest affidavit is issued by law enforcement at the time of an arrest...they are two different things...there is also an affidavit in support of a request for an arrest warrant...HIRE A LAWYER AND LET HIM FRET WITH... View More

1 Answer | Asked in Car Accidents for Florida on
Q: In Florida if you are served a summons not given to you directly how long do you have to file a written response

I was delivered a summons to my home but since i was out of town at the time it was instead given to my room mate to then give to me when i returned how long do i have to file a written response is it still 20 or is it 30 because it was not given to me directly?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 28, 2020

Assuming your roommate is an adult, it is good service. File the written response within 20 days of your being served by delivery to your roommate.

2 Answers | Asked in Animal / Dog Law and Car Accidents for Florida on
Q: If an unknown neighbor came to my door and my dog got out and they were scared can I be sued

They came to complain about my dog pooping in their yard, which is actually an easement

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2020

They were scared, but not injured? Surely you jest.

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1 Answer | Asked in Car Accidents for Florida on
Q: I have no driver license and I wrecked someone rental car twice. My fault on both. Rental $15,500 damage on 2nd accident

And the other car has damages also. First wrecked on the other car too. Can the rental car company ask the courts to put a warrant on me for damages. I didn't report the accident to the rental but they found out. What can happen in a case like this?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 4, 2020

They can't "put a warrant on [you] for damages"; a suit for damages would be a civil case. In a civil case you would be served with a summons and complaint. the summons would give you directions for responding to the case. A warrant may be issued if criminal charges are also filed.

1 Answer | Asked in Personal Injury, Business Law, Car Accidents and Insurance Bad Faith for Florida on
Q: Taxi cab hit us, no insurance. Opening multiple LLC' to avoid prosecution? How is this legal?

They have no assets to go after as he is an LLC. How do I have little recourse against them as my attorney states a grim outcome?

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2020

A Florida attorney could advise best, but your question remains open for four weeks. Your attorney has as a point. This situation arises with commercial operators that are undercapitalized and underinsured (or worse, uninsured, as is the case with this vehicle). Your attorney has probably already... View More

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Defense for Florida on
Q: Can my assets be brought into a previous lawsuit if we get married?

My fiancee was involved in a car accident while he was on his parents policy. One person did not settle and is now sueing. Can my assets be brought into the lawsuit once we get married in November 2020?

Charles M.  Baron
Charles M. Baron
answered on Jun 19, 2020

A party's assets are not an issue in such a lawsuit unless and until a money judgment is entered against the party, and then it's an issue only if there is no or too little insurance coverage to protect the party - for example, if a judgment for $50K is entered against the defendant, who... View More

2 Answers | Asked in Car Accidents and Libel & Slander for Florida on
Q: A guy hit my car, we chose to settle private..PLEASE READ (Evidence)

A guy hit The side of my car this morning we pulled over and he asked me cash or insurance I told him we can settle it private. we exchanged information and I took video of the whole thing including him saying his name and exactly how he hit me on video. If he chooses not to respond how do I go... View More

David Tapalian
PREMIUM
David Tapalian
answered on Jun 17, 2020

It’s always best practices to contact the police. Especially if this accident was not your fault, it’s always best to go through the other person’s auto insurance. I’ve seen time and again how handling it “private” backfires. If you are concerned you should file a police report.

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