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Florida Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My daughter was in a accident on November 3rd she was injured but the insurance denied claim she was diagnosed with spin

She went to the emergency room the day after the accident she got ticket she went to the emergency room 3 times since the accident the last time was on 01/19/24 they did a mri and diagnosed the results as Spinal stenosis and that she needs surgery they claim she wasn't on the insurance as a... View More

Tim Akpinar
Tim Akpinar
answered on Jan 28, 2024

I hope your daughter is okay. There's an unresolved issue from your description of events - whether or not she was on the policy. Based on your post, you say you added her, but the carrier says she was not on the policy. That's going to make a difference in the handling of the claim. My... View More

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2 Answers | Asked in Car Accidents and Consumer Law for Florida on
Q: Who pays for damage to a brand new car if it is damaged at the end of a test drive by a customer with no insurance?

I took a friend to a new car dealer so they could look at and test drive new cars. They don't have insurance because they haven't owned a car in a few years. Told the sales person that the most important features were the safety features (blind-spot warning, backup alarm, collision alert,... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 17, 2024

First, you are not legally permitted to provide legal advice to your friend if you're not a licensed attorney. Your friend must directly contact a lawyer if he/she needs advice that he/she can rely on. General educational guidelines for the kind of issue you describe are as follows.... View More

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1 Answer | Asked in Traffic Tickets and Car Accidents for Florida on
Q: Does 316.088 (2) apply to private "parking lots" or just private roads? For instance a grocery store parking lot.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 12, 2024

Florida Statute 316.003 (73) defines "roadway" as "That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. I...". "Street or highway" is defined in subsection (89) to include any area, whether or not... View More

2 Answers | Asked in Car Accidents for Florida on
Q: I hit a car in the rear, 9/22/21. The car I hit was pushed into another vehicle. I have heard nothing from her. How

long does she have to contact me?

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2023

To add to Mr. Clifton's answer, he is correct that a 4-year limitations period would likely apply to your accident, but the law recently changed to reduce that to 2 years for accidents that occur after March 24, 2023. Since your accident was before then, the 4-year period likely applies,... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Was driving and a pedestrian got angry his bike broke and he threw the entire tire into the road and which hit my car

I don’t think he intended to hit a car - but he was visibly angry and threw with enough force it broke my side mirror and windshield- what recourse do I have? He stuck around and I filed police report - they said they have to wait on state attorney to decide what to do.

He has a suspended... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 4, 2023

Generally in the kind of situation you describe, you can make a claim against the pedestrian for negligence, starting with any homeowner's insurance, and if none or no coverage, then in small claims court (if claim is for $8,000 or less), a fairly easy process, but collectibility is an issue... View More

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1 Answer | Asked in Personal Injury, Products Liability and Car Accidents for Florida on
Q: Can you sue and individual when then knowingly covered up damage to a vehicle that made it unsafe?

A few months ago I purchased a used truck. After asking very specific details about the vehicle history I purchased the truck. last week I had a brake failure going through a major intersection, luckily no one was injured. had the truck towed to a mechanic and he found the frame of the vehicle... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 30, 2023

Sure does sound like the kind of fraud that you can make a claim for. If the purchase agreement specified it was an "AS IS" sale, that would be a defense - but that defense could fail in some limited circumstances of there being certain clear, provable representations made by the seller... View More

1 Answer | Asked in Car Accidents and Criminal Law for Florida on
Q: I was arrested for leaving the scene of accident and resisting arrest without violence.

I plead no contest, and took the plea deal of time served (18 days).

Before the arrest, during the time in jail, and for 5 years afterwards, I was severely mentally ill (scrizophernia, bipolar disorder medications). Now I that my medication have been updated, I feel sane enough to be a... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. It is possible to file a motion to withdraw a plea due to the plea being involuntary because of mental incompetence. However, due to the number of years going by and the (I assume) availability of the police report at all times, I believe you'd be facing very... View More

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My daughter is being sued for an accident that the other driver was cited for. We are in Florida.

The passengers in the other car are suing my son-in-law, daughter, and insurance, along with the driver of the car they were in, for great bodily harm. Daughter's insurance is 10/20/10. I doubt they will settle for the 10. They have no assets, lots of bills, 3 kids. Yes, they have decent jobs,... View More

Kimberly Grant
Kimberly Grant
answered on Nov 3, 2023

Your daughter should contact her insurance agent and forward a copy of the lawsuit to her insurance company as soon as possible (and make sure it is received). I am not licensed to practice law in Florida, but I believe an Answer to the lawsuit must be filed within 20 days after service of the... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My daughter is being sued for an accident that the other driver was cited for. We are in Florida.

The passengers in the other car are suing my son-in-law, daughter, and insurance, along with the driver of the car they were in, for great bodily harm. Daughter's insurance is 10/20/10. I doubt they will settle for the 10. They have no assets, lots of bills, 3 kids. Yes, they have decent jobs,... View More

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

Your daughter's insurer should provide a free lawyer, and there is a potential scenario in which the plaintiffs WILL settle for the 10K if they can get enough $$ from the other parties/insurers, or if they figure that promptly getting the 10K in hand would be beneficial while they continue to... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Is it a conflict of interest to apply to/get hired by State Farm if I have an open injury claim (auto) against them?
Tim Akpinar
Tim Akpinar
answered on Oct 27, 2023

Addendum - as a follow-up to my post a minute ago, it would have probably been more precise for me to say that it could be argued as a conflict. Conflicts law sometimes confronts settings where compelling arguments could be made for more than one interpretation of a given situation. Good luck

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Is it a conflict of interest to apply to/get hired by State Farm if I have an open injury claim (auto) against them?
T. Augustus Claus
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answered on Oct 26, 2023

In Florida, considering employment with State Farm while having an open injury claim may raise concerns of a conflict of interest. To address this situation, it's important to be transparent and consider key factors. First, disclose your situation to both the potential employer and your legal... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Is it a conflict of interest to apply to/get hired by State Farm if I have an open injury claim (auto) against them?
Tim Akpinar
Tim Akpinar
answered on Oct 27, 2023

Technically, it's a textbook conflict of interest. But as a practical matter, you could ask their position on it and check with their policy. As a large carrier with so many employees nationwide, you might not be the first person to be in such a position. Good luck

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2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: I was I injured in a car accident & i am about to receive a settlement. Is my husband entitled to any of my settlement?

My husband and I live in Florida. We have been seperate for about 12 years, living in seperate households. We do not exchange money between households. The personal injury settlement was because I was in a car accident. I am on a full disability, SSDI. I have been on a full disability for about... View More

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

I'm assuming you have a lawyer. If I'm right, I'm wondering why you're you asking this question online. Is there a problem with your lawyer's representation and advice? Is there a communication problem? If so, that is an issue that needs to be resolved as quickly as... View More

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1 Answer | Asked in Car Accidents, Personal Injury, Social Security and Workers' Compensation for Florida on
Q: Social security and worker’s compensation

I stopped receiving worker’s compensation about a year and a half ago but social security is telling me that I’m receiving it still and they never removed me from their system. That is affecting my social security case. What can I do to correct this?

James L. Arrasmith
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answered on Sep 21, 2023

You should contact your local Social Security office to provide them with documentation showing that your worker's compensation benefits have ceased. They will need this information to update their records and resolve the discrepancy affecting your Social Security case. It's important to... View More

2 Answers | Asked in Consumer Law, Civil Litigation and Car Accidents for Florida on
Q: My wife crashed our car in September 2022, my insurance paid around 24K to a local bodyshop but my car it's not fixed

I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car

Angelo "Tony" Marino Jr.
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Angelo "Tony" Marino Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2023

If your car insurance paid any of the damage to your car, you should contact them and explain to them that your car was not repaired and you want them to contact the body/repair shop to complete the repairs. If that does not work, then I would contact a consumer lawyer in your area. You can go to... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Car Accidents for Florida on
Q: My wife crashed our car in September 2022, my insurance paid around 24K to a local bodyshop but my car it's not fixed

I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car

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

You need to either schedule a consultation with an attorney or contact a government consumer protection agency. For the latter, you can dial 311, the Miami-Dade County switchboard, and say you need to make a consumer complaint, or contact the Fla. Dept. of Agriculture and Consumer Services.

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4 Answers | Asked in Car Accidents, Estate Planning and Personal Injury for Florida on
Q: Husband died in car wreck, separated at time of death. 4 kids but only 2 under 19. Does settlement have to go in trust?
James Clifton
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James Clifton
answered on Sep 11, 2023

Sorry to hear about the tragedy that has affected your family. If the children are over 18, each of them will be able to receive their portion without the necessity of a trust or other protected account being set up. If they are under 18 and the amounts received are over $15,000 or the total amount... View More

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4 Answers | Asked in Car Accidents, Estate Planning and Personal Injury for Florida on
Q: Husband died in car wreck, separated at time of death. 4 kids but only 2 under 19. Does settlement have to go in trust?
Chelsie Marie Lamie
Chelsie Marie Lamie
answered on Sep 11, 2023

I’m very sorry to hear of the passing of the father of your children. In a nutshell, in the State of Florida any settlement for a minor when the case is in litigation must have court approval and usually all funds over $15,001 are put into a protected account for the child. Even if the case is... View More

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2 Answers | Asked in Car Accidents for Florida on
Q: My car was severally damaged by a flying object while parked by the valet parking of the building where I live.

Can I sue the HOA of my building for damages?

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

Depends on what caused the object to fly, and on the ability of the HOA to prevent it from happening. They are not automatically liable for someone, not an employee of theirs, hurling something, nor for the wind causing an object to fly if that occurrence was not foreseeable or preventable. If... View More

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2 Answers | Asked in Car Accidents for Florida on
Q: Do I contact an attorney if insurance company is investigating? minor vehicle accident no damage, other driver suing.

I was the rear driver. Police report says no damages or injuries. Other driver said he was going to claim his neck hurts because I said " there is no damage" before asking if he is ok. My insurance said I do not need attorney while they investigate, but I feel I should. Please advise

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2023

Until you are served with a summons, you don't officially know that "other driver suing". Sit tight and let your insurance company complete its investigation. When and if you are served with process, be sure to notify the insurance company. At that point they will get an attorney... View More

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