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?
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.
They came to complain about my dog pooping in their yard, which is actually an easement
They were scared, but not injured? Surely you jest.
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?
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... Read more »
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?
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.
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?
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... Read more »
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... Read more »
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.
I was turning left driving behind a friend and mid turn I was hit by an oncoming car. They claimed they had a yellow light and in the confusion I stated I wasn't sure if the light was a green arrow, or green. I was issued a failure to yield but I believe I had the right of way and my friend... Read more »
A Florida attorney could advise best, but your post remains open for three weeks. You could contact a traffic ticket defense attorney; many offer free initial consults. The case appears to present challenges, in terms of making a left turn, the reliability of your friend's testimony (as it... Read more »
Out of nowhere while visiting with family the other day, I was served with a summons for a vehicle crash my ex wife was involved in. Shocking as I moved several states away a couple months ago and was back in town at extended family’s residence visiting for the weekend and BBQ. We are divorced... Read more »
DO NOT CALL MORGAN & MORGAN. There are more than enough scary facts presented here to warrant you looking for and hiring a lawyer right away. It appears that the crash report identifying you as the owner is the main cause for concern; however, people being sued under the theory of vicarious... Read more »
to a collection agency for all matters. Now 3 years later Budget is trying to sue me. Stating they having been trying to fix the issue but they stopped the communication not me. Any steps I can take to get this dismissed?
Is there an attorney involved? i would suggest contacting them to set up a payment plan before a default judgment against you.
I signed up for full coverage insurance on my vehicle because I am financing it. I got into an accident and now they are saying I only have baseline coverage. But I have documents proving otherwise. What can I do?
I assume by "they", you mean your own insurance company. Either you purchased a policy with the full coverage, or you didn't - it's in black and white on your policy and declaration page documents. Your first step is to confront the insurance company representative with the... Read more »
No one was found at fault and it was wet and it wasn’t my fault. She’s trying to sue me for her deductible. I have no income other than 522 in SSI a month and food stamps, as I’m disabled and don’t work. She for some reason is trying to sue me for her damages even though i was never charged... Read more »
I you can't convince the plaintiff that you have no $$, you have no option other than to defend yourself and attempt to persuade the small claims court judge that you were not at fault. Ticketing by police, or lack thereof, is irrelevant (unless someone is ticketed and then pleads guilty or... Read more »
You are apparently referring to Art. 1, Sec. 26 of the Fla. Constitution. That applies only to medical liability claims - meaning medical malpractice cases, not car accident cases. Even for med mal cases, there are common misunderstanding about this section. It does not limit medical bills,... Read more »
My daughter wants to save her money but her husband on wants half. Can her mom cash it without my signature?
It depends on how much the check and the settlement are for. Florida has strict rules on the settlement of a minor's claim.
Our insurance company wants to have us sign papers to release the title for the vehicle . It is being totaled . The accident was not his fault , and the company’s insurance hasn’t claimed fault for it . I don’t feel like our insurance company should get hit with this , also Lexis nexus is... Read more »
Fortunately, you have insurance and one benefit of insurance is the assistance you receive in an incident like this. Your insurance company can deal with the insurance for the Brinks truck though inter-agency arbitration. But in the meantime, if your insurance will fairly cover your loss, you can... Read more »
My mother apparently auto accident claim that has been settled, my father is still alive. They set up probate though? They weren’t able to reach him because number had changed. I have power of attorney over father since dx of Alzheimer’s. What should I know?
That’s a complex question. Was there a law suit filed? Is your mom still alive? Do you live in Florida? You need to consult with an experienced probate and a personal injury attorney quickly. Get all the paper work together, police report, insurance information etc.
Why Were We Both Citated Instead Of Him Being At Fault?
Unfortunately police reports are not always accurate, and the police officer's don't always get all the facts right. Sometimes they have to make judgments right or wrong on what happened, and who they believe as stories often conflict. If you feel you received a ticket in error, you can... Read more »
I had no idea i had to call since there were no other vehicles or no people involved. I went to the closest store where i found out some one behind me had called and followed me and told the cops were i was. I was then approched by 5 officers who asked what happened and i told the truth and... Read more »
From what you describe it appears the government WOULD have a plausible DUI "case" against you.
You have a few different questions that need answers:
1) Did the police officer have a lawful basis to make contact with you? It sounds (without further information) that the... Read more »
Yes. In some cases liability is disputed (i.e., how the accident happened). If the other driver claims the accident was your fault or you did not comply with the rules of the road, the other driver may sue for damages. In Florida, you may also be a percentage at fault. For instance, a jury may find... Read more »
My brother crashed his car into the woods & was taken to the hospital. He totaled the car too & he has been in the hospital for 5 days now. Do the police automatically test your blood for alcohol in these scenarios? He was the only person in the car & the only person injured.
When you are transported to a hospital under such circumstances, the medical staff will do a blood draw in order to provide the necessary care/treatment. There are situations when police officers may request a blood draw during a DUI investigation. However, if the medical staff is doing one anyway... Read more »
The other partys ins co keeps calling me to recover their payout. I live on SS retirement and own a mobile home. I explained my income just covers necessities and I can't pay them anything. What can they do
Probably the reason they keep calling you is that they figure it will be a waste of time and money to sue you. They can sue you within 4 years of the date they had to make the payout to their insured, resulting in a money judgment against you - but S.S. income and the dwelling you live in are... Read more »
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