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Florida Car Accidents Questions & Answers
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... Read 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... Read more »

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Domestic Violence for Florida on
Q: If someone throws a rock at your car in florida can you legally shoot back?

In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2022

Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Hello I'm a college student live with my mother I was in a accident 2 years ago hit head on by another vehicle it was

Raining no ticket was issued couldnt prove who was at fault I have to write a written defense. Do I have to have an attorney

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 13, 2022

You are being sued for the accident, I assume. if you had insurance, contact your insurance company; they will defend you. But no, you don't have to have an attorney, although it would be a very good idea to get one.

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2 Answers | Asked in Car Accidents, Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: My son has worked for McDonalds for 20+ years, was in car wreck- totaled car for McDonald errand. Doesn’t have full ins

Doesn’t have full insurance on car and now doesn’t have a car. He is store manager For years) and is on call 7 days a week - goes in on days off etc. got a call at 9pm from employee that the store needed fry boxes asap picked up and needed my son who was at home to go pick up. Used personal... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 11, 2022

Since it your seems to have been the one to have caused the accident (unless there was something that the semi-truck did wrong), I don't think your son would have a successful personal injury case verses the semi-truck. Hopefully, your son has bodily injury (BI) protection, which is what the... Read more »

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2 Answers | Asked in Personal Injury, Workers' Compensation and Car Accidents for Florida on
Q: injured in a car accident while driving for Contractor for fedex ground delivering packages on budget truck

Injured in a automobile accident at work while delivering packages for FedEx ground through a contractor. Other vehicle failed to yield right away Haven’t received no workers comp or any kind of pay at all. wasn’t able to perform job duties due to my back injury was so I did not go back to... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 6, 2022

It sounds like you have two types of cases here: 1) work comp as you were injured while performing your normal job duties, and 2) personal injury verses the driver of the vehicle that caused your accident. I'm not quite sure why you're not getting work comp benefits, but there's not... Read more »

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1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: How am I supposed to respond to a car crash complaint filed against me with interrogatories when I have insurance?

A complaint from a person in a car crash was filed against me with many interrogatories and questions for me to answer, and they asked that I respond to them. However, my insurance claims representative told me to not worry about anything and that they will handle everything and ask me for help if... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 4, 2022

It seems that you are being sued by the other person involved in the auto accident. In that case, your car insurance will represent you by hiring an attorney, if they haven't done so already. The attorney should reach out to you to discuss the accident, so they know how to answer the complaint... Read more »

4 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: involved in a car accident on 10/11/2021 . Was working for randstad source right which is a contractor for fedex ground

Working delivering packages for fedex ground and a car ran their stop sign failing to yield right away. During impact it threw me all over vehicle causing me to hit my knee on center console which broke off and after impact the company truck I was driving went into the other 2 lane highway . Horn... Read more »

Adam David Rieth
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Adam David Rieth
answered on Sep 2, 2022

You can often treat with providers on "letters of protection" and not pay up front, but out of the proceeds of a case. Generally, medical providers offer this if you have an attorney pursuing an injury case. You should consult with an experienced injury attorney as soon as possible.

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1 Answer | Asked in Car Accidents for Florida on
Q: Which state laws do I follow if I'm being sued for a car crash out of state?

I'm being filed a suit from the plaintiff who lives in the state where the accident occurred, but I live in a different state. Will I be subjected to the laws of the state where the accident took place? Or the laws where I live? For example, will my assets be protected under my state's... Read more »

Roberto M. Vazquez
Roberto M. Vazquez
answered on Aug 29, 2022

Generally speaking, the car accident will be filed where the accident occurred. However, your state's law would usually control assets located within that state.

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: If you get a car accident. Can they sue your fiancé once you get married

They are trying to sue me but I don’t have anything . Accident was over a year ago and afraid to get married because I don’t want them to sue my fiancé once we get married

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2022

If your fiance had nothing to do with the accident (no involvement, no vehicle ownership), she cannot be sued. However, if you happen to have any assets prior to marriage and, in order to avoid paying a judgment debt, shift those assets to your future spouse or to yourself and your spouse jointly,... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: I was in a car accident 4 years ago and they ruled in immediate threat with license revoked indefinitely. no record.

I had an rmv hearing earlier this year and they told me to file with the board of appeals and wondered why I waited so long. However, they werent sure how I am to go about it since the accident was in massachusetts, and I moved to florida. If i get an attorney, do I act as if I live in Mass and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2022

As I understand it, your license was revoked in Massachusetts. Yes, if you hire an attorney, you will need one license to practice law in Massachusetts.

2 Answers | Asked in Car Accidents for Florida on
Q: I was in a minor accident in a parking lot as I was exiting! My boss rear ended me! No police, No report!

We decided we’d each take care of our damages! His was a leased truck through Ford Mo Comp and his fathers construction company! 30 months ((Feb 2020) later his Ins Co now wants me to pay $1100!! I had $800 damage that I took care of! They determined I was at fault though no one ever called me to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 12, 2022

Yes, the statute of limitations that probably applies provides that neither he nor his insurance company can sue if the accident was more than four years ago. Although you should have reported it to your insurer back then, you might want to consider doing so now.

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3 Answers | Asked in Car Accidents for Florida on
Q: I have a lawsuit against someone who ran a red light and totaled my car. My car insurance company will take a payment

From my bank account this weekend. Since my car is totaled do I need to pay this policy because of the lawsuit or can I cancel the car insurance policy on a totaled car.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2022

The OP is asking whether he or she needs to continue to pay the insurance premium while waiting to be paid by the carrier. No, strictly speaking, you don't. However, you should talk to the insurance company; it might be advantageous to continue the policy on your next car.

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1 Answer | Asked in Car Accidents for Florida on
Q: Valet service crashed my car and denied my claim because I don’t have proof that they did it. What can I do?

I pay a monthly valet service to park my car in my apartment building. One day, I received my car from them and drove off. When I parked at my next destination and got off my car the whole side door was as crashed. I submitted a claim to the valet service and they denied my claim because I don’t... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 13, 2022

When you say "they denied my claim", do you mean the valet company or the insurance company for the valet company? The first steps in this situation is to get your written repair estimate and request the contact information for the valet company's insurer for liability claims, then... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: If you are being sued over an auto accident and you live with a relative can they be at risk of sued also ?

I’m over 18 and I live with relative who is afraid that they will be sued and lose everything due to me being in an at fault accident.

Austin Claiborne
Austin Claiborne
answered on Jun 10, 2022

If your relative owned the vehicle you were driving, or if they were otherwise negligently involved in the facts of the case, then they can be included as a defendant in the personal injury/car accident law suit. Each situation is different, but if your relative carries adequate insurance, then... Read more »

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1 Answer | Asked in Car Accidents and Traffic Tickets for Florida on
Q: If my car spun out of control and went over a median on to the other side should I be getting a ticket for this ?
Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2022

That depends on what caused you to lose control - someone else's carelessness or your own?, or a combination of both? Regardless, to get the advice you really need for this issue, you must schedule an appointment with an attorney handling traffic ticket defense in your geographic area. With... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Car Accidents and Small Claims for Florida on
Q: How can I clear an FR 3 suspension if I don't have the funds to pay the judgment?

I was involved in a minor accident in 2011. No damage to either vehicle. My insurance had lapsed and the other party filed a law suit. I moved out of state and realized years later a default judgment was entered against me. Now the dmv wants proof that the debt was satisfied before they will... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 25, 2022

You indicate that there was no "damage to either vehicle", but the default judgment apparently indicates otherwise. I suggest that you get an attorney to negotiate a settlement (perhaps paying only a portion) with the judgment creditor.

1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for Florida on
Q: If my vehicle was found at a hit and run leaving the scene of an accident and drugs were found but I was nowhere near

This is in Florida city Florida and homestead. My truck was found at a hit and run and leaving scene of accident only resulting in property damage and they found drugs cab I bee charged with the drugs and or the crash

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

Your inquiry is a bit vague. If this was a hit-and-run, with a driver fleeing the accident scene, what does "found at a hit and run" mean? If you mean the truck was found somewhere else, and police determined that it was the vehicle that hit and ran, AND the police have not yet... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Florida on
Q: I was in a hit & run, and the other driver pulled off. Can a lawyer find them, or should I contact my insurance?

I was involved in a hit & run car accident on Friday, May 6. I was driving my Land Rover, and a Toyota Corolla rear ended me. She pulled over for a few minutes, but pulled off before the police arrived. I have a clear photo of her license plate. My land rover has $1000’s in rear end damage.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 11, 2022

GEICO knows about it, so it is doubtful that failing to "put a claim on [your] insurance" would save you any money. You should ask GEICO to pay the claim; if they do, they may want to try to find the identity of the Toyota's owner, and file suit against her.

1 Answer | Asked in Car Accidents for Florida on
Q: In florida, if i drive my mothers car without me being insured, is that legal?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 1, 2022

If you get in an accident without being insured, you will probably be in serious trouble. But does your mother have insurance? Have her check with the insurer to see if you would be covered.

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Never got any kind of compensation or justice from being hit by a car

My mom got hit by a car when she was crossing the road. She had to spend weeks in the hospital and suffered major injuries to her leg and head. I was a child at the time so my mom was not able to take care of me since she was in the hospital. So that effected our lives in that time.

The... Read more »

David Irving Shiner
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David Irving Shiner
answered on Apr 1, 2022

I am sorry to hear about your mother's situation. It is devastating to be injured in an accident and, even worse, knowing the at-fault party was not be held responsible for their negligent actions.

Under Florida's statute of limitations, you have four years from the date of the...
Read more »

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