Lawyers, Answer Questions  & Get Points Log In
Florida Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Florida on
Q: I was in an auto accident that I am at fault, I have to sign an affidavit from the other party should I sign?

The affidavit is requiring me to give my personal details like my financial records, bank statements etc and I am scared to sign it. Will it give me a problem if I refuse to sign?

Tim Akpinar
Tim Akpinar answered on Oct 14, 2019

Your insurance carrier has likely assigned an attorney to your defense. It would be advisable to have an attorney review anything that the other side is asking you to sign. Good luck

Tim Akpinar

3 Answers | Asked in Car Accidents for Florida on
Q: How to stop subrogation

I currently have a subrogation out against me. When the accident happened I was using my company’s insurance And now they don’t want to pay for.

Charles M.  Baron
Charles M. Baron answered on Oct 4, 2019

I assume you mean, "How can a defend myself in a subrogation lawsuit that's been filed against me?" The answer is that you first consult, in person, an attorney who handles accident defense. You probably will have to pay a reasonable consultation fee. The attorney will go over with you the... Read more »

View More Answers

2 Answers | Asked in Car Accidents for Florida on
Q: Can a plaintiffs notice of dropping wage and future earning capacity claim be recanted

I have on going lawsuit and proceeding pro sa and my ex lawyer filed that and u was wondering if I can take that back

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Sep 29, 2019

You can try but it won’t be easy- depends why it was dismissed and why you are seeking to amend .

View More Answers

1 Answer | Asked in Traffic Tickets and Car Accidents for Florida on
Q: Florida Statutes 90.803 understanding and is a cop being able to be a witness

As 90.803 is stated: to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness.

Do that mean Spontaneous Statement IS admissible in court because of the weird wording "not inadmissible."

I was driving when I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 20, 2019

Yes, it's a double negative, but it means what it says: in other words spontaneous statements ARE admissible even if they are hearsay. Also note subsection (18), admissions (your statement made to someone else).

The officer can probably testify as to your admission that you failed to...
Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: My ex bf registered a car under my name cause he did not have a license. Its now impounded what can I do?

Ive never once used the car and I don’t have the money to take it out, nor do I want to pay for that. I heard there’s a possibility of I acquiring a lien on my license. What can I do to get out of this

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 15, 2019

If and when they try to suspend your license (a lien on a license doesn't make any sense), present them with evidence to show that the car was registered without your permission.

3 Answers | Asked in Car Accidents for Florida on
Q: hello I was wondering if you have to pay back Progessive they paid out on a claim I was in an bike accident

as we got an settlement after paying bills didn't have much left we lived in calf at the time last year

David Hughes Harris
David Hughes Harris answered on Sep 5, 2019

If a Florida accident and insurance policy, then your PIP does not get reimbursed (unless you had a deductible which wasn't paid) but Medical Payments (also known as MedPay) does get reimbursed unless waived.

If your policy was issued in another State, then different law and policy rules...
Read more »

View More Answers

1 Answer | Asked in Car Accidents for Florida on
Q: About driving with epilepsy?

Lets say I have been seizure free for 6 months and get back into driving. If I were to have an accident after legally being allowed to drive due to a seizure would I still be a fault if I were to kill a pedestrian or another driver? What if it was because of a seizure that slipped through even... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 27, 2019

There are two different standards of fault in your scenario, criminal and civil. With civil (potentially triggering a lawsuit against you), your prior health history is basically irrelevant. If you cause an accident because a seizure causes you to drive in a careless manner, you are civilly at... Read more »

2 Answers | Asked in Car Accidents for Florida on
Q: Can a person have his auto insurance charged for medical expense for an accident that he was in no way involved in?

Grandfather insurance being charged for medical expense for accident of third persons vehicle who didn't have medical. Persons involved is not on his insurance policy but one person listed his address on license. But does not legally live at that address

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

perhaps that person is claiming they are a resident relative?

Notify the insurance

Second, if grandfather not at fault his rates should not be affected by medical claims

If his care wasn't involved I don't see why the insurance would pay. Grandfather should call them.

View More Answers

4 Answers | Asked in Car Accidents for Florida on
Q: I was in a hit and run accident last week I have the driver tag number and a photo of the driver from the security

You

I have contacted my insurance company the police was called I have been to the ER several time because I’m 3 months pregnant and they said because of me being pregnant there’s not much they can do I have missed days from work cause I’m in pain and I’m with out a car because I... Read more »

David Tapalian
David Tapalian answered on Jul 2, 2019

There may still be treatments that you can do for your injuries. However as with all cases time is of the essence. If you would like to speak with us privately please feel free to contact us for free consultation.

View More Answers

4 Answers | Asked in Car Accidents for Florida on
Q: Vehicle on highway in front of me stopped for an illegal uturn in median and caused wreck.. they fled scene. Now what?

Them stopping illegally caused me to wreck into the car infront of me. They didn’t want to call police, only exchange information. Should I file police report? I have it all on video.

David Tapalian
David Tapalian answered on Jun 3, 2019

You should file a police report. Were you injured? As you know in Florida you will have PIP so depending up how long ago the accident was, you may still be treated for your injuries. If you have any more specific questions, please feel free to email me directly" david@tapinjury.com

View More Answers

3 Answers | Asked in Traffic Tickets, Car Accidents, Insurance Defense and Intellectual Property for Florida on
Q: My sister crashed into a lady's car, while no major damage recorded by the cop the lady is suing us for over 10K+ estim.

My sister had a minor car accident when she hit an old lady's car while changing lanes, but it wasnt a major accident as it only scratched the lady's car. The cop gave my sister just a warning as it was her first accident and the damage was really low, even the lady said she wasn't hurt. Fast... Read more »

Griffin Klema
Griffin Klema answered on May 3, 2019

I would be pleased to discuss how you can defend the case: 202-713-5292 (cell).

View More Answers

3 Answers | Asked in Car Accidents, Personal Injury, Probate and Wrongful Death for Florida on
Q: How do I locate a frugal lawyer for filing court docs (Administration Letter) without opening up a whole probate case?

I need assistance to file a summary or letter of administration in Pasco county, Hudson, FL. for an inexpensive fee. There really is no estate, only a wrecked motorcycle, and an insurance claim for the motorcycle of >$4,500. For the past 4 years, my uncle resided rent-free, at my property in... Read more »

Griffin Klema
Griffin Klema answered on May 3, 2019

I suggest contacting a legal aid clinic. They often are able to help with cases like this. Since you're in Pasco County, Bay Area Legal Services might be able to help. Good luck.

View More Answers

1 Answer | Asked in Personal Injury, Car Accidents, Collections and Identity Theft for Florida on
Q: I'm about to sign papers to accept my lawsuit settlement offer but i had idenity theft issues. Someone filed taxes Under

My name and now i owe the irs as a result of they actions. Will the irs take my lawsuit until this is straightened out or will i get my money?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

This is a very important question. You really need to hire a competent lawyer to advise you. Try using the lawyer you used to get the settlement; he will want his share first.

2 Answers | Asked in Car Accidents and Traffic Tickets for Florida on
Q: What do I do if I was in a minor car accident a few months ago and the other driver was ticketed at fault

h

Charles M.  Baron
Charles M. Baron answered on Apr 25, 2019

You question is not sufficiently clear because you don't say what the Court ruled in its order or how the order affects you personally.

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: No insurance. The person didn't have bodily injury coverage. After PIP, I have $16,000 left to pay. What do I do?
David Tapalian
David Tapalian answered on Apr 5, 2019

Do you know if you have uninsured motorist coverage?

View More Answers

1 Answer | Asked in Car Accidents for Florida on
Q: Is it possible for to sue at fault party three times in small claims court for myself and my two children ?

Been in a car accident with my two children. At fault party didn’t have bodily injury injury coverage.

David Tapalian
David Tapalian answered on Apr 5, 2019

Do you happen to have uninsured motorist coverage? You could engage in a small claims matter depending upon the value of the claim. However depending upon the particular defendants even if you receive a judgment it may be very challenging to collect on that judgment.

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: How do I sue someone in county court for medical bills and car loss value?

The individual did not have bodily injury coverage and I understand the reason attorneys not willing to take the case because of this. However, I have medical bills and car loss value I would like to claim. I understand Florida law of not being able to garnish wages, apply liens to assets, and/or... Read more »

David Tapalian
David Tapalian answered on Mar 29, 2019

I'm sorry to hear about your situation. We often encounter cases where there's no insurance on the other side. Do you by any chance have UIM coverage? That may be another way to approach this. Please feel free to email me directly. Thank you.

View More Answers

2 Answers | Asked in Car Accidents for Florida on
Q: Can I sue my Dodge dealership for having defective airbags in my car after an accident?

My Dodge Charger was declared Totaled because the damages overpass the value of the car, which is around 20k. Accident was around 15-25mph low impact. The reason it was declared Totaled is because all my airbags went off in the car. There was no one in the passenger seat and all the passenger... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2019

Did your insurance company pay you the value of the car? If so, how are you damaged?

View More Answers

1 Answer | Asked in Products Liability, Real Estate Law, Traffic Tickets and Car Accidents for Florida on
Q: parents liability protection

S will be taking a vehicle to the university and he will need the vehicle to travel to/from his part time job I am wondering if it makes any sense to transfer the title to S's name? Does that offer us (parents) any protection from liability if, god forbid, something happens and he (we) was sued? I... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 26, 2019

Yes, if your adult son has sole title to the vehicle, he, and he alone, is legally responsible for it and the use of it. Once your child turns 18, you are not responsible in any way for his acts or omissions for use of vehicles (or anything else) that are not owned by you, not shared with you, and... Read more »

2 Answers | Asked in Traffic Tickets and Car Accidents for Florida on
Q: I was hit by someone without their headlights on at night, am I at fault?

Hi, I live in Pinellas County Florida. About a week ago I was driving at night and was making a turn on to a street with a yield sign for me. I looked both ways and made the turn. I didn't see someone who was driving without their head lights on and thus they hit me in the rear of my car.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 19, 2019

Since he hit you from behind, it probably doesn't matter whether he had his headlights on. And whether you saw him or not probably doesn't matter either. What does matter is that, if he had his headlights on he should have seen you and if he didn't that may have contributed to the accident. So... Read more »

View More Answers

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.