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Florida Car Accidents Questions & Answers
3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: car accident

I recently had a car accident. It occurred when I was turning left, and the oncoming car was speeding. The cop gave me the violation ticket and judged it was my fault. However, I was sure the car was speeding, and the cop also reported that the oncoming car was unable to take unevasive action. In... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on May 30, 2023

You need to retain a personal injury attorney here in Florida on contingency fee which means you pay nothing unless you win. The police officer’s opinion as to who was at fault for the accident is not dispositive of liability in a civil case.

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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: What can I do if my GAP insurance doesnt want to Cover my Balance after car accident

I recently obtained a car from a dealer in Miami Florida everything worked out and I got a loan approval from chase auto financing. It included GAP as per the dealer Chase wouldn’t provide me a loan without it. So that was on 1/2/23 of the year. I only drove the car for about a month or so and on... Read more »

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

You can file a lawsuit for breach of contract or for declaratory relief against both Progressive and Dealer Protection Loyalty. I'd sue both because the GAP company may be right and Progressive may have undervalued what it should have paid.

When you're talking about only $7,208,...
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2 Answers | Asked in Car Accidents for Florida on
Q: I just recently got into a no fault accident in a parking lot. my damages are minimal but i dont want my insurance

rate to go up and i really do believe this wasnt my fault there was a million other spaces to park in and instead of waiting for me to pull out and leave she decides to pull in at the same time as me I just recently got into a no fault accident in a parking lot and i just wanted to contact you for... Read more »

Charles M.  Baron
Charles M. Baron
answered on Apr 24, 2023

You didn't ask a question, but I guess you are wondering if you must contact your insurance company, and/or whether there's some way to prevent your rate from rising. First, if the other driver decides to make a claim, your insurance co. will find out from her, and your failure to report... Read more »

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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 22, 2023

If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.

If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would...
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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2023

Do you mean "on" her accounts as a joint account holder or only as a benefiary? Or are you a trustee, whose sole function is to administer a trust? That makes a difference. If you're a joint account holder, a portion of the funds may be at risk of you're not exempt from... Read more »

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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2023

Sorry, typo in my last answer, 4th sentence: "... at risk of you're not exempt..." should read: "...at risk IF you're not exempt..."

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1 Answer | Asked in Workers' Compensation, Car Accidents and Civil Rights for Florida on
Q: Case closed but case still open with my doctors and I’m unable to see my doctor.

What can I do if my employer never close my case with my doctors and I’m unable to see my doctors? I’m trying to contact them but it’s going to their voicemail. Can I sue them for pain and suffering because of all the stress they’re causing me?

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Apr 7, 2023

If the indemnity/lost wages portion of your case was settled but the medical portion of your case remained open, you should contact your attorney or an attorney that has experience in workers' compensation cases to help. You may be able to file a petition for benefits seeking continued... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: I caused a rear end accident in florida in my pick up truck, trailer attached not owned by me. will he get sued as well?

my insurance lapsed. trailer did not hit other car just my truck hit her. So i wanted to know if his insurance would be liable. the trailer owner.

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2023

The trailer owner is not automatically liable merely because his trailer was attached. There would need to be some improper use or improper maintenance of the trailer that contributed to the accident. However, the lack of liability doesn't necessarily mean he won't be sued. Sometimes... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for Florida on
Q: What can my parents do protect him and themselves since the car is in their name and they provide insurance?

My little brother just got his license was already involved in a hit and run. The other driver took off before the cops were contacted and a report was never made because my brother panicked and he also left the scene of the accident. The damages are estimated to be around $2000.

Charles M.  Baron
Charles M. Baron
answered on Mar 20, 2023

[Re-posting due to typo in prior post] You need to clarify your inquiry regarding "took off before the cops were contacted". Someone called 911 and gave identifying info, and then both drivers fled? Or the police were never called? The drivers can ID each other, or not? If no one... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I'm 19 and I'm getting sued for 100k. I'm currently a full time student and I don't work or own any property.

One year ago I was involved in a car crash and my insurance company paid the other person involved the agreed amount. One year later (today) I'm getting sued for over 100k and I don't work and don't own property. What should I do?

Roberto M. Vazquez
Roberto M. Vazquez
answered on Mar 17, 2023

This sounds like a subrogation lawsuit, which I'm very familiar with. These usually come about when the insurance company for the other driver pays out because of the accident, but then seeks to recover that money from the person they deem to be at fault. You should try to speak with an... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I'm 19 and I'm getting sued for 100k. I'm currently a full time student and I don't work or own any property.

One year ago I was involved in a car crash and my insurance company paid the other person involved the agreed amount. One year later (today) I'm getting sued for over 100k and I don't work and don't own property. What should I do?

Charles M.  Baron
Charles M. Baron
answered on Mar 16, 2023

The short answer is that you should schedule a consultation with an attorney handling personal injury cases. Your inquiry is a bit mysterious. Sued by whom? If your insurance company settled with the other party, they should have had that party sign an agreement releasing you from liability, and... Read more »

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1 Answer | Asked in Consumer Law, Products Liability, Car Accidents and Lemon Law for Florida on
Q: Do I have a case?

I purchased a used truck about 1.5 years ago from a dealer. When asked about prior damage if any the dealer told me there was only minor. The car fax report only shows minor as well. While I was under the truck checking the size of the spare tire I noticed there is frame damage on the left rear. I... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 5, 2023

Regardless of liability or lack thereof, your first step is to get a written repair estimate, then demand that the dealer pay it, and if they balk, say you're planning to take legal action. That may or may not work, but there's no downside to doing it. That said, whether the dealer is... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Banking and Car Accidents for Florida on
Q: I have several things that I have endured over the past couple years that I believe could be potential lawsuits differen

I'm basically want to hire myself and attorney that I can pay monthly payments to and I can go over all of my different practice areas and I believe they need attention it's too many things done to me wrong over the course of my life I understand there's a statue of limitations for... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

If you're interested in hiring an attorney, you can search for attorneys in your area who specialize in the relevant practice areas for your potential lawsuits. Many attorneys offer free initial consultations, so you can discuss your potential cases and payment options during that meeting. You... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: Someone hit my truck 3 days ago and I don’t have insurance just got my license back. He did not have insurance and was s

And was scared so I did no call the cops on him. He promised he’d fix my truck. I got a picture of his license and tag number and phone number. Now he refuses to answer my calls or text. What could I do

Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2023

Your inquiry raises a few legal issues due to your decision to drive without insurance. One is, can you sue in small claims court (which takes cases for maximum $8,000), even though you were uninsured at the time? You probably can do that if you are able to present either a repair bill (with your... Read more »

1 Answer | Asked in Car Accidents, Gov & Administrative Law and Contracts for Florida on
Q: Does the FL 627.7288 mean that the deductible doesn’t apply for the rear windshield as well?

My dad’s back windshield was hit by a fruit or a rock or something and it was smashed. He called the insurance and they said they would cover it if it was the front windshield but because it is the back the back then the deductible still applies. I was reading the law and it says motor vehicle... Read more »

Charles M.  Baron
Charles M. Baron
answered on Feb 18, 2023

Good question. That section reads as follows:

627.7288 Comprehensive coverage; deductible not to apply to motor vehicle glass.—The deductible provisions of any policy of motor vehicle insurance, delivered or issued in this state by an authorized insurer, providing comprehensive...
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1 Answer | Asked in Car Accidents for Florida on
Q: Am I liable if I drive someone else car with their permission and damage it in Florida

I paid someone to use their car and I got a flat tire. They are saying I damaged the the rim and interior of the car. Am I liable for the damages? I didn’t sign any contracts

Charles M.  Baron
Charles M. Baron
answered on Feb 15, 2023

You are liable if you in fact caused the damage. Your inquiry is vague as to whether you caused the damage, or if it was instead caused by forces beyond your control, or whether you agree or dispute that it occurred while in your possession. Whether you paid them or not, and whether you had a... Read more »

1 Answer | Asked in Car Accidents and Contracts for Florida on
Q: Is it legal to list a fictitious address on car insurance?

Separated from husband, he just had to get new car insurance due to his accidents. He has listed a friends address as to where my vehicle is being kept., Is that legal or should I call the insurance company?

Charles M.  Baron
Charles M. Baron
answered on Feb 3, 2023

That is a matter of the terms of agreement with the insurance company, and those terms are contained in the written policy. If the address listed for the vehicle is not the correct address, that most likely violates the policy, subjecting the policyholder to cancellation of the policy. So... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: Can you be at fault for changing lanes when all the other cars are stopped and you turn on your signal in advance?

All of the cars are stopped and there is an open space to your left to pull into the left lane due to a gap left between a car and a truck. However, despite you already being halfway in the lane in the middle of the lane change, the truck suddenly accelerates in the middle of your change and slams... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 1, 2023

A Florida attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney for state-specific vehicle and traffic law, the general rule nationwide is that the vehicle changing lanes or merging has a duty to make sure it's safe to... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My wife was in accident not her fault & settlement is 25k 8,333 att fee 521 cost 5,223. Med Net 10,900

Is this normal?

Charles M.  Baron
Charles M. Baron
answered on Jan 27, 2023

I think you're asking if the disbursement amounts are normal, rather than asking if the gross settlement amount of $25K is normal. Either way, a lawyer would have to review the matter to tell you if the dollar amounts are as they should be. Regarding disbursements, GENERALLY: (A) the... Read more »

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1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: See below

There was an auto accident in our HOA. A resident (not me) hit a person on a bicycle. Our security company, under contract, is supposed to ask for ID for any person coming in the community day or night and any guest must be authorized by a resident to come in. We also have a sign that says no... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

a. You should ask the local police if they can and will prosecute the cyclist.

b. The resident driver's liability insurance company might be able to sue the HOA and the security company if the carrier is obligated to pay damages to the cyclist.

c. The cyclist is probably...
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