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Florida Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Florida on
Q: Who is responsible for auto damage? I loaned my truck to neighbor whose car died. Agreement was in was in writing.

He was on way to his work and says another vehicle hit him and caused him to go into ditch. Other vehicle left scene (he says). Caused extensive damage to front and right side. Is his insurance responsible or mine.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2021

Submit it to both insurance carriers and let them sort it out.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Can a personal injury case be filed in Florida if a case was already settled but only PIP from both ins was received?

The responsible party’s PIP was received, my PIP was fought for (only to be finally given the full amount due to a surgery being deemed necessary), but then my case was settled by my attorney. No further compensation was fought for or received. I had to have more surgeries after that and... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 12, 2021

You inquiry is a bit vague regarding the phrase "settled by my attorney". If you mean settled your entire case including completely releasing the wrongdoer from liability, and you signed off on that, then you're done. If you mean settled the PIP issue ONLY, then you can still make... Read more »

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1 Answer | Asked in Car Accidents for Florida on
Q: Minor auto accident and other parties lawyer asking us to fill out complete financial affidavit.

My wife was involved in a minor (very minor as in no damage visible) incident while at a light. She bumped into the car in front of her under 5 mph. The other party retained a lawyer though, and that lawyer has sent us an affidavit to complete that delves deeply into financial records. I need... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 3, 2021

You're not required to provide financial info to an opposing party unless and until there is a money judgment entered against you that you fail to pay. However, if the lawyer asked for disclosure of your auto insurance info, you are required to provide that (only) or just turn the letter over... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Florida on
Q: I got a careless driving ticket in an accident if I get that removed from my record can the other person still sue me
Charles M.  Baron
Charles M. Baron answered on Jan 3, 2021

You cannot get that "removed" from the record, though you could beat the ticket, which would create a record that you beat the ticket. REGARDLESS of what the record shows, or doesn't show, the other person can sue you for bodily injury and/or property damage, but to prevail, must... Read more »

2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: FL-I fired a lawyer. I was not happy with the lawyer do I have to pay the lawyer a percentage of a ending settlement

The lawyer put a lien on me but they want to have their name added to the settlement and the insurance company is telling me that they have to put the lawyer's name on it. Even if the lawyer did not help with the ending settlement amount.

Tim Akpinar
Tim Akpinar answered on Dec 20, 2020

A Florida attorney could answer best, but your post remains open for two weeks. As a GENERAL matter, an attorney can assert a lien against the award in a personal injury check for their services and out-of-pocket disbursements. However, each state can handle the issue differently, governed by case... Read more »

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: Personal injury

Formal letter sent to adjustor 30 days ago, she has not provided information requested.

If a lawyer filed suit, and the insurer lawyer is not able to present the insured. Would a default judgement occur? And would the insurer be responsible because they didnt respond to the letter? Within... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Dec 20, 2020

So keep in mind that many lawyers in the state of Florida do not file lawsuit. Lawsuits require real work and deadlines and confrontation with opposing counsel, and spending money out of pocket to fight the case in court. Most lawyers choose to just try to attempt to settle the case with the... Read more »

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1 Answer | Asked in Car Accidents for Florida on
Q: Car accident question If the insurance adjustor fails to response to policy information letter (I quoted the statute)

And exceeded the 30 days, and hasn’t sent Information In Writing. If a lawyer filed suit, and the insurer lawyer is bot able to present the insured. Would a default judgement occur? And would the insurer be responsible because the didnt response to the letter?

Last plot twist would be is... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 20, 2020

If the letter was anything like your questions here, they probably didn't respond to your letter because they couldn't understand it.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Someone is trying to sue me and they hit me, and I need representation soon! The accident happened months ago.

I got word about the lawsuit months ago when they requested my phine records and heard nothing else until recently. Can someone please help?

Timothy Rowe
Timothy Rowe answered on Dec 15, 2020

If you have automobile insurance on the vehicle you were driving at the time of the accident and had liability coverage, the insurance company has a duty to defend the case and provide you legal representation. Contact your insurance company immediately. If you do not have insurance, you may want... Read more »

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1 Answer | Asked in Car Accidents, Civil Litigation and Criminal Law for Florida on
Q: If the driver dies in a car accident in Florida, & they are driving someone else car with no license, who is responsible

I borrowed my girlfriends car. I told my sister she could use it to take her boyfriend home. She didn't & instead asked a friend to drive hin using my girlfriends car. The friend driving my girlfriends car wrecked & was killed. Would the owner of the car insurance cover the cost of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 17, 2020

1. The short answer to most of your questions is that the insurance company that insured the car that was wrecked is the best source to get answers to all of your many questions.

2. Second guessing them I will only say that you and your sister and everyone else involved here have DIFFERENT...
Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: If I was involved in an accident that only I was in no one else was involved, I had full coverage, what can I do about

Getting medical attention for my broken knee and back and neck pain? The doctors tell me to contact an attorney before they can treat me due to the extent of injuries they were aware of me being the only one involved and i believe i have 25000in pip but im still dealing with a broken knee and no... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 10, 2020

Did they explain why they told you to contact an attorney? Could they be confused and think you were the victim of another, at-fault driver? Your insurance company's PIP would cover up to the first $10,000 in bills (minus any deductible), then your health insurance, if any, would cover the... Read more »

2 Answers | Asked in Car Accidents for Florida on
Q: If someone has something sticking out of their parked truck into the road and I hit it, who is at fault?

The steal beam was run out the back pass-through window, out the back of the truck and 2 ft into the road from his driveway. There was a small red flag secured to it via surran wrap. The truck was unattended and it was dark outside. I did not see it and I hit it with my golf cart. The back window... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 7, 2020

Get your insurance company to hire an attorney to represent you. Let the insurance companies litigate it.

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1 Answer | Asked in Car Accidents for Florida on
Q: Does a claimant for an auto body claim have the right to choose their repair facility?
Charles M.  Baron
Charles M. Baron answered on Nov 2, 2020

Depends on insurance policy language.

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: Can someone sue me for a car accident after it was dismissed with prejudice?

In 2014 I was in an at fault car accident. It was later resolved with a dismissal with prejudice. I just found out my license is suspended and when I called they told me I had a lawsuit against me for the accident. I looked up the florida court records and they had opened a new lawsuit against me... Read more »

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

If the second suit is for the same incident and same claimed damages, a motion to vacate the judgment in the second suit should be filed and set for hearing before the judge currently assigned to that case number. You must compare the complaint filed in the first suit to the one filed in the... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: i need information on a hit and run accident .the other car had minor damage. unintentional accident

what kind of lawyer i need for the court hearing

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 16, 2020

I assume you were charged with leaving the scene of the accident. You need an attorney who has experience in criminal law.

1 Answer | Asked in Car Accidents for Florida on
Q: I had a very minor fender bender Involving my vehicle and a parked vehicle

I was cited for violating limitations of backing statutes but I wasn’t actually driving the vehicle ....my vehicle did not shift fully into park and minutes after I had exited it disengaged from park and jumped through neutral and into reverse....at which point my Jeep moved very slowly backwards... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

A Florida attorney could advise best, but your question remains open for three weeks. It's possible the other side could raise the issue that the parking brake could have averted the minor accident. Good luck

Tim Akpinar

3 Answers | Asked in Car Accidents for Florida on
Q: I was hit by another car and come to find out my ins was canceled and I didn’t know it what happens now?

I wasn’t in pain when it happened but I am now do I still get checked out even though I have no insurance and live in a no fault state?? Or how does it work?

Charles M.  Baron
Charles M. Baron answered on Sep 17, 2020

Immediately call a personal injury attorney in your area. First thing to check is the validity of your insurance cancellation, as your insurance has PIP coverage. The next thing is to determine the insurance carried by the other driver, if he/she was at fault.

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1 Answer | Asked in Car Accidents and Criminal Law for Florida on
Q: If someone gets a affidavit for a felony charge, does the affidavit act as a warrant for their arrest
Henry George Ferro
Henry George Ferro answered on Aug 12, 2020

Your question is somewhat confusing...an arrest warrant is issued by a judge...and arrest affidavit is issued by law enforcement at the time of an arrest...they are two different things...there is also an affidavit in support of a request for an arrest warrant...HIRE A LAWYER AND LET HIM FRET WITH... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: In Florida if you are served a summons not given to you directly how long do you have to file a written response

I was delivered a summons to my home but since i was out of town at the time it was instead given to my room mate to then give to me when i returned how long do i have to file a written response is it still 20 or is it 30 because it was not given to me directly?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2020

Assuming your roommate is an adult, it is good service. File the written response within 20 days of your being served by delivery to your roommate.

2 Answers | Asked in Animal / Dog Law and Car Accidents for Florida on
Q: If an unknown neighbor came to my door and my dog got out and they were scared can I be sued

They came to complain about my dog pooping in their yard, which is actually an easement

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 20, 2020

They were scared, but not injured? Surely you jest.

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1 Answer | Asked in Personal Injury, Business Law, Car Accidents and Insurance Bad Faith for Florida on
Q: Taxi cab hit us, no insurance. Opening multiple LLC' to avoid prosecution? How is this legal?

They have no assets to go after as he is an LLC. How do I have little recourse against them as my attorney states a grim outcome?

Tim Akpinar
Tim Akpinar answered on Jul 16, 2020

A Florida attorney could advise best, but your question remains open for four weeks. Your attorney has as a point. This situation arises with commercial operators that are undercapitalized and underinsured (or worse, uninsured, as is the case with this vehicle). Your attorney has probably already... Read more »

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