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Florida Car Accidents Questions & Answers
2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Florida on
Q: Do I file answer with all of my financials or call Morgan and Morgan and let them know I don’t own the car anymore?

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 »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 18, 2020

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 »

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1 Answer | Asked in Car Accidents for Florida on
Q: I rented a car and was in an accident. I tried to resolve in 2017 with Budget but was referred

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?

Jeffrey Snyder
Jeffrey Snyder answered on May 6, 2020

Is there an attorney involved? i would suggest contacting them to set up a payment plan before a default judgment against you.

2 Answers | Asked in Car Accidents and Insurance Defense for Florida on
Q: I signed up for full coverage on my vehicle because I am financing it. I have proof that the policy was changed. Help??!

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?

Charles M.  Baron
Charles M. Baron answered on Apr 29, 2020

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 »

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2 Answers | Asked in Car Accidents for Florida on
Q: 2 years ago in Fl I was in a car accident. Wasn’t charged nor given a ticket. The other driver is now suing me.

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 »

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

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 »

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1 Answer | Asked in Car Accidents for Florida on
Q: Can I use Article 1. Section 26 in reference to medical bills due to a car accident?
Charles M.  Baron
Charles M. Baron answered on Apr 15, 2020

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 »

2 Answers | Asked in Car Accidents for Florida on
Q: Hello, my minor child was involved in a car accident and recieved a settlement check. It was made out to her mom and I

My daughter wants to save her money but her husband on wants half. Can her mom cash it without my signature?

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Apr 9, 2020

It depends on how much the check and the settlement are for. Florida has strict rules on the settlement of a minor's claim.

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3 Answers | Asked in Car Accidents for Florida on
Q: My husband was recently in an accident with a brinks truck . We live in Florida , but the accident happened in Houston

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 »

Kent Higgins
Kent Higgins answered on Apr 8, 2020

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 »

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2 Answers | Asked in Car Accidents, Personal Injury and Probate for Florida on
Q: My mother apparently auto accident claim that has been settled, my father is still alive. They set up probate though?

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?

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Apr 6, 2020

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.

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1 Answer | Asked in Car Accidents for Florida on
Q: We Were Fully Backed Out . I Put My Car In Drive And Before I Know It The Other Car Gassed It And Back Into Me.

Why Were We Both Citated Instead Of Him Being At Fault?

Timothy Rowe
Timothy Rowe answered on Mar 29, 2020

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 »

1 Answer | Asked in Car Accidents and DUI / DWI for Florida on
Q: I was driving and was going around a curve and my purse fell i picked it up and my truck swiped the light post.

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 »

Carey Wagner Meldon
Carey Wagner Meldon answered on Mar 11, 2020

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...
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2 Answers | Asked in Car Accidents and Insurance Defense for Florida on
Q: Can a person sue my insurance in a accident if no one was at fault
Josh Corriveau
Josh Corriveau answered on Feb 27, 2020

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 »

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3 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Florida on
Q: If you’re in a single vehicle car accident & you hurt yourself bad do the cops automatically test for alcohol?

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.

Jean Richardson
Jean Richardson answered on Feb 25, 2020

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 »

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3 Answers | Asked in Car Accidents for Florida on
Q: I was in a fender bender last June and my ins did not take effect until next day. The accident was my fault and the othe

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

Charles M.  Baron
Charles M. Baron answered on Feb 6, 2020

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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1 Answer | Asked in Car Accidents for Florida on
Q: Is a witness subpoena delivered via first class mail (not certified mail) at the mailbox a legal subpoena?

Both me and my wife received a witness subpoena from the state of Georgia (we live in Florida approximately 350 miles away from the issuing court) for a hit and run traffic case. At the time of the accident we called 911 and a police officer arrived at the scene. We provided all the information... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2020

You could ask this question in Justia > Ask a Lawyer > Georgia, but the answer you would get would probably be that the subpoena was not properly served and that you therefore don't have to comply with it.

2 Answers | Asked in Car Accidents for Florida on
Q: If I get hit in an accident and I have a claim. I get an estimate and the insurance that hit me agrees to pay but

before I get paid I get in another accident and my car gets totaled do I still get the previous check

Charles M.  Baron
Charles M. Baron answered on Jan 13, 2020

Once a claim is settled and the claimant signs and submits the release, there should be no reason the insurer would wish to renege.

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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Florida on
Q: Can my civil lawyer sue family members of the person who caused my daughters death? Like tale their assets.

No insurance on either vehicle , multiple people involved (driver of car no license and under the influence driving another person's car no insurance. ) (driver of motorcycle my daughter was a passenger on driving a friends motorcycle no insurance or endorsement for either driver)and owner of... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 9, 2020

Why are you asking this question if you currently have a lawyer? Are you doubting something that your lawyer told you, and if so, why? If a family member of a driver owned the vehicle being negligently driven, that family member could be held liable. If found liable with a money judgment... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was sent an affidavit for a car accident that was already decided the other party’s fault. What’s happens If signed?

I had a car accident which both insurance companies put 100% fault in the other party but the dude is still trying to sue over a fake injury he got. His lawyer sent my insurance company an affidavit and they tell me I can either sign it or choose not to. Would signing it be the same as me saying... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 19, 2019

Your inquiry is impossible to respond to without knowing the affidavit statement(s) that you are being requested to agree with.

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2 Answers | Asked in Car Accidents for Florida on
Q: Should I contact a lawyer?

I got into an uber accident but wasn't hurt. The police were called and they told us it was the other driver's fault.

Gregg M. Hollander
Gregg M. Hollander answered on Dec 14, 2019

Good afternoon. I would contact a lawyer if you were injured or are in pain so you can understand your rights. If you have been injured or are in pain you should seek medical attention immediately. If you don’t, you may compromise your claim and the amount of benefits you could be entitled to.... Read more »

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1 Answer | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Florida on
Q: My dog was killed by a car driven by a careless driver with only a speed of less than 5 mph. Chose drivr over hoa

Driver chose to drive over appeared intentional definitely cruel conduct.

History of doing this, multiple witnesses all willing to testify , hoa is aware of past that this person is a danger. Nothing done. Appears culpable negligence

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

What does the HOA have to do with it? If you believe a crime was committed, report it to the local law enforcement authorities.

2 Answers | Asked in Car Accidents for Florida on
Q: Hello, I was rear-ended yesterday. No police involved, culprit refusing to pay. What to do?

I have the person's insurance, license, vehicle registration, phone number and some front dash-camera footage of when he hit me. He said he would pay, but he called to insult me and deny anything happened.

Mitchell Feldman
Mitchell Feldman answered on Dec 3, 2019

You can file a claim with your insurance company and provide the other drivers information and they can go after the at fault driver for recovery of the damages. If you have a license plate And drivers name and information obviously you could still pursue a claim cvilly against the person. However... Read more »

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