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Florida Car Accidents Questions & Answers
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?

Drew Bruner
PREMIUM
Drew Bruner
answered on Jan 27, 2023

Without many facts—that is a very typical breakdown of a settlement disbursement in Florida for a car wreck case.

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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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1 Answer | Asked in Car Accidents for Florida on
Q: Hi. I received a demand letter from an injury attorney, I was involved in a 5 mph accident. What can I do? Thank you

I only hit the other vehicle by accident at 5 mph, but they are claiming injuries. About the demand letter, what can I do. Any help is appreciate it

Charles M.  Baron
Charles M. Baron
answered on Dec 23, 2022

If you have auto insurance that includes bodily liability coverage, you have the option of giving the letter to your insurance company, and they must handle the matter for you, including providing legal representation free of charge to you. If you don't have that coverage, a good option would... Read more »

1 Answer | Asked in Car Accidents and Small Claims for Florida on
Q: If being stop at a stop light intersection and a cyclist strike your vehicle when you have a green light.

Police taken report, if drive of the vehicle was not a fault. What options would the driver have to proceed with this case? Drive was not injured, unknown status of cyclist.

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

If the driver was not injured, what does the driver need help with? I suggest you submit a new post to clarify that.

3 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2022

Yes, workers comp is for on-the-job injuries. You were driving as part of your paid duties, so you were on the job. But if the accident was the other driver's fault, you can also set up a claim with that driver's insurance and, if necessary, sue the driver (and owner, if different from... Read more »

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2 Answers | Asked in Car Accidents for Florida on
Q: Do I need all parties information following the accident?

I got into a car crash because a road rage driver who almost hit me in a parking lot so I honked to let him know I was there sought me out and cut me off. I react fast enough to where there was not any damage, but there was a small tap. The driver got out, yelled at me and then asked for my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 3, 2022

Fighting what? You indicate that there was no damage. If they do contact you claiming damage, you can get the driver's information at that time. Tell your insurance company that the driver failed to give you his information.

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1 Answer | Asked in Car Accidents for Florida on
Q: Does a person involved in a car accident that was not driving or owned the car have to do a EUO
Tim Akpinar
Tim Akpinar
answered on Nov 29, 2022

A Florida attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney on state-specific insurance law, the general practice nationwide is that carriers are permitted to conduct EUOs, or Examinations Under Oath, as part of their... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Florida on
Q: Who is liable for damages? Was she even suppose to be driving the vehicle without having general tags or temps on?

My husband was just in a car accident in FL with a driver that has NJ dealer tags on them, which she is not the owner nor dealer.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 1, 2022

Your husband can pursue a case against the driver and the car owner under the Dangerous instrumentality doctrine. Retain counsel here in Florida on contingency fee, which means your husband doesn’t pay anything unless he wins the case.

1 Answer | Asked in Car Accidents for Florida on
Q: I have a cival summons for an auto accident from Tennessee where I accidentally hit the back of a pickup truck last year
Stephen Arnold Black
Stephen Arnold Black
answered on Oct 26, 2022

Turn the matter over to your insurance company.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Accident auto, I accidentally hit back of Truck in Tennessee last yr. I've been served a cival summons. So need help.
Charles M.  Baron
Charles M. Baron
answered on Oct 26, 2022

I assume you were sued in Tenn. If you had insurance to cover your liability, the insurance company must provide you with an attorney free of charge. If you did not have coverage, you need an attorney who is licensed in Tenn. You can try the Justia Find a Lawyer tab or contact the Tenn. Bar... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I WAS IN A CAR ACCIDENT JULY 17, 2022 IS THERE ANYTING I CAN DO? THE ACCIDENT WAS NOT MY FAULT.

I WAS IN A CAR ACCIDENT JULY 17, 2022, I WAS NOT INJURED PHYSICALLY, BUT I HAVE GONE THROUGH NOTHING BUT MENTAL FRUSTRATION SINCE. I HAVE STATE FARM INSURANCE WHICH COVERED MY CAR RENTAL OF $1000, THEN ALLSTATE'S CLIENT THAT CAUSED THE ACCIDENT HAS TO PAY UNTIL MY CAR IS REPAIRED. THE PROBLEM... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2022

Your inquiry is vague regarding "Allstate's client" being responsible to pay. I assume you mean Allstate's insured (the at-fault driver), but he/she would not be personally responsible to pay unless his/her policy limits are reached. Allstate itself is responsible to pay up to... Read more »

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1 Answer | Asked in Car Accidents for Florida on
Q: I was backing up in a parking lot and the other party was moving forward. Would both parties be at fault?

Police came to the scene in the parking lot and put improper backing on the police report and also stated on the report that both parties were traveling at 5mph. No one was cited.

Would we both be at fault and responsible for our own damages ,since we were both traveling at 5mph as stated... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 30, 2022

The issue is negligence - who drove their vehicle in a negligent (careless) manner by not properly looking out for oncoming vehicles? That could have been one of you or both, but if the officer blamed you, in documentation, for improper backing (even though he/she didn't issue a ticket) and... Read more »

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Domestic Violence for Florida on
Q: If someone throws a rock at your car in florida can you legally shoot back?

In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2022

Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: Hello I'm a college student live with my mother I was in a accident 2 years ago hit head on by another vehicle it was

Raining no ticket was issued couldnt prove who was at fault I have to write a written defense. Do I have to have an attorney

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 13, 2022

You are being sued for the accident, I assume. if you had insurance, contact your insurance company; they will defend you. But no, you don't have to have an attorney, although it would be a very good idea to get one.

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2 Answers | Asked in Car Accidents, Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: My son has worked for McDonalds for 20+ years, was in car wreck- totaled car for McDonald errand. Doesn’t have full ins

Doesn’t have full insurance on car and now doesn’t have a car. He is store manager For years) and is on call 7 days a week - goes in on days off etc. got a call at 9pm from employee that the store needed fry boxes asap picked up and needed my son who was at home to go pick up. Used personal... Read more »

Domenic J. Celeste
Domenic J. Celeste
answered on Sep 11, 2022

Since it your seems to have been the one to have caused the accident (unless there was something that the semi-truck did wrong), I don't think your son would have a successful personal injury case verses the semi-truck. Hopefully, your son has bodily injury (BI) protection, which is what the... Read more »

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2 Answers | Asked in Personal Injury, Workers' Compensation and Car Accidents for Florida on
Q: injured in a car accident while driving for Contractor for fedex ground delivering packages on budget truck

Injured in a automobile accident at work while delivering packages for FedEx ground through a contractor. Other vehicle failed to yield right away Haven’t received no workers comp or any kind of pay at all. wasn’t able to perform job duties due to my back injury was so I did not go back to... Read more »

Domenic J. Celeste
Domenic J. Celeste
answered on Sep 6, 2022

It sounds like you have two types of cases here: 1) work comp as you were injured while performing your normal job duties, and 2) personal injury verses the driver of the vehicle that caused your accident. I'm not quite sure why you're not getting work comp benefits, but there's not... Read more »

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1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: How am I supposed to respond to a car crash complaint filed against me with interrogatories when I have insurance?

A complaint from a person in a car crash was filed against me with many interrogatories and questions for me to answer, and they asked that I respond to them. However, my insurance claims representative told me to not worry about anything and that they will handle everything and ask me for help if... Read more »

Domenic J. Celeste
Domenic J. Celeste
answered on Sep 4, 2022

It seems that you are being sued by the other person involved in the auto accident. In that case, your car insurance will represent you by hiring an attorney, if they haven't done so already. The attorney should reach out to you to discuss the accident, so they know how to answer the complaint... Read more »

4 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: involved in a car accident on 10/11/2021 . Was working for randstad source right which is a contractor for fedex ground

Working delivering packages for fedex ground and a car ran their stop sign failing to yield right away. During impact it threw me all over vehicle causing me to hit my knee on center console which broke off and after impact the company truck I was driving went into the other 2 lane highway . Horn... Read more »

Adam David Rieth
Adam David Rieth
answered on Sep 2, 2022

You can often treat with providers on "letters of protection" and not pay up front, but out of the proceeds of a case. Generally, medical providers offer this if you have an attorney pursuing an injury case. You should consult with an experienced injury attorney as soon as possible.

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1 Answer | Asked in Car Accidents for Florida on
Q: Which state laws do I follow if I'm being sued for a car crash out of state?

I'm being filed a suit from the plaintiff who lives in the state where the accident occurred, but I live in a different state. Will I be subjected to the laws of the state where the accident took place? Or the laws where I live? For example, will my assets be protected under my state's... Read more »

Roberto M. Vazquez
Roberto M. Vazquez
answered on Aug 29, 2022

Generally speaking, the car accident will be filed where the accident occurred. However, your state's law would usually control assets located within that state.

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