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Florida Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Just got a letter from a car accident lawyer. What are my next steps?

I was involved in an accident where both parties were deemed at fault by the officer. We traded information through the officer, and I told the other party I would be filing with my insurance when I got home, and they would be hearing from them.

Today, I received a letter from a local law... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Nov 15, 2021

If you have car insurance, it should defend you against the claim being made against you. If you believe you may have a claim against the other party (say you have injuries, car damages, lost wages, etc), then, just as the other party has done, you'd hire your own attorney. Unless you plan on... Read more »

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2 Answers | Asked in Car Accidents for Florida on
Q: Mechanic picked car up to take it to his shop on weekend to fix it. Ended up wrecking into someone.

I found out I do not have collision insurance on my vehicle after the fact. The first quote I got back was for 10k. So if he does not pay for damages or does not have money, I will be taking him to court. Is it worth taking him to court and I am going the right route?

Charles M.  Baron
Charles M. Baron answered on Oct 22, 2021

The repair shop most likely has liability insurance. Request their insurance company information to set up an insurance claim. If insured, that will likely resolve your issue, but if they don't offer enough money to settle it, you may sue the repair business, and their insurance will cover... Read more »

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1 Answer | Asked in Car Accidents and DUI / DWI for Florida on
Q: I am in FL and a drunk driver(insured)hit my parked uninsured car. Who pays to get it fixed? He was arrested on DUI

He has insurance I do not. I was not driving the vehicle. I was out of town and he hit it and tried to drive off. Was later arrested under a DUI. I just want my car fixed and idk what to do or who to call.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 13, 2021

Contact his insurance company and demand that it repair or replace your car.

1 Answer | Asked in Car Accidents for Florida on
Q: If I haven’t heard anything about a automotive accident what should I do?

My boyfriend and I coown my car. This morning he got into an accident with the car which had no insurance and his license is suspended. The other driver came into contact with him going 50mph on a 35mph street but he was named at fault because he ran a red light, so far I have no been notified... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 11, 2021

Be ready to negotiate settlement with the other car's driver; you are probably liable for letting your boyfriend drive the car. And start saving for another car. Next time, please don't have a car without insurance.

4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was in a car accident. I ran into the left side of a truck that was parked in the road.

Can I counter sue for injuries!

Charles M.  Baron
Charles M. Baron answered on Oct 4, 2021

For your medical bills up to a certain extent (usually about $10,000), your PIP covers you, and the insurance directly pays the medical providers. For compensation to you for your pain and suffering and for bills in excess of PIP, you may make a claim if the other party was at fault, and you would... Read more »

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1 Answer | Asked in Car Accidents for Florida on
Q: How do I minimize liability when letting my son drive my car in Florida?

My college-age son is on his mother's auto insurance (we are all in Florida). He wants to borrow my car several times per week to drive to school. I know based on Florida laws, if he gets in a wreck with the car it would go to my insurance before his mother's insurance. Is there any... Read more »

Erik A. Perez
Erik A. Perez answered on Sep 28, 2021

If he is involved in an accident in your car, both his insurance and your insurance may provide coverage, as you both may be named defendants in a lawsuit. You will have to review your policy to confirm there is coverage under those circumstances and it does not fall under a policy exclusion. If... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: Hi, I got into a car accident today and I was at fault. I don’t have a drivers license and car tag was expired.

I received two tickets, one for the crash and one for the expired date and I also received a court date. My question is, am I still able to obtain a drivers license? And will this offense result in jail time?

Charles M.  Baron
Charles M. Baron answered on Sep 23, 2021

You will not be able to get the answers you need for this matter online. Seek a free consultation with an attorney handling criminal and traffic cases. If you mean you had no valid DRIVER'S LICENSE (not just expired tag) at the time of the crash, I assume you are or will be charged with a... Read more »

1 Answer | Asked in DUI / DWI, Real Estate Law, Traffic Tickets and Car Accidents for Florida on
Q: My DL was taken from me by a lawyer in 1994. I was in a car accident and it was my fault. DUI. And I can't pay

Is there a statue of limitation on this

Charles M.  Baron
Charles M. Baron answered on Sep 14, 2021

Have you contacted the Fla. Dept. of Highway Safety and Motor Vehicles to ask what you can do to reinstate your DL? Generally, DL suspension for failure to pay a money judgment arising from a car accident is up to three years. The statute of limitations is irrelevant - that's about deadlines... Read more »

2 Answers | Asked in Car Accidents for Florida on
Q: I was rear ended and driver left the scene. I have been treated for back spasms. Do I have a case?

I do have a preliminary accident report on file. The sheriffs department has to investigate to locate the driver and vehicle in order to complete report

Timothy Rowe
Timothy Rowe answered on Sep 8, 2021

Yes you have an injury claim. Did you have uninsured motorist coverage on your vehicle? If you did, you can make a claim with your insurance company if the other driver is not located or the other driver is located and does not have insurance. If the other driver does have insurance, you make a... Read more »

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1 Answer | Asked in Car Accidents and Small Claims for Florida on
Q: When requesting a motion to appear telephonically do I need to state the reasons why I would rather appear virtually?

The court is in Florida and I live in Georgia. Do I need to put in the motion a reason such as distance or can I just request to appear virtually and leave it at that?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 2, 2021

Yes, of course you should give your reasons. It is up to the judge, and if you don't give your reasons it is more likely that the motion will be denied.

1 Answer | Asked in Car Accidents for Florida on
Q: Florida Does a left turning car with the green arrow have the legal right of way over a right turning car?

Maybe It's a misconception on my part. As far as I've learned, in the state of Florida, a green arrow gives right-of-way for left turns, but it does not give them the right-of-way to make a U-turn.

I could be wrong here, so that's why I'm asking someone more qualified to answer.

Charles M.  Baron
Charles M. Baron answered on Jul 28, 2021

That's easy - just look at the traffic signals statute, Fla. Statutes Sec. 316.075, at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.075.html Regarding green arrows, it states: Vehicular traffic facing a green arrow... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: In an accident and the other driver did not stop. Am I still liable if they return and did they still commit a crime?

I was at fault because I was reversing from a parking spot. The driver hit me on the left rear side, but didn’t stop. They left so I called the cops and told them it was a hit and run. A couple minutes after the call was made, the vehicle came back to the scene. Did they commit a crime and if so,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2021

Because the driver returned in a "couple minutes", it is arguable that they didn't commit a crime, but at any rate, they probably won't be prosecuted. It doesn't affect your civil liability (or criminal culpability either if you mean to ask that). Did you report it to your insurance company?

2 Answers | Asked in Car Accidents for Florida on
Q: Being sued for a car accident involving an employee. Forwarded summons to insurance but they have not responded.

Insurance responded and turned it over to their attorney. But at this point I don't know what is going on as they aren't communicating.

Michael  Mayoral
Michael Mayoral answered on Jul 18, 2021

Call your insurance company and notify them about the incident. You don't want to wait for them to receive the summons and/or respond. Get someone on the phone.

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2 Answers | Asked in Car Accidents for Florida on
Q: I was cited a ticket for driving to close, a car was in front of me when he stopped in the flow of traffic attempting

To get in the turning lane that was full

Charles M.  Baron
Charles M. Baron answered on Jul 10, 2021

You did not ask a question. You must re-post with a question.

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1 Answer | Asked in Car Accidents, Employment Law, Workers' Compensation and DUI / DWI for Florida on
Q: If Recklessness falls into intentional tort, can you sue your employer if you already accepted workers compensation?

There’s ways to get around Workers Comp. If you can prove your case. Are you able to pursue a regular lawsuit instead of settling for worker’s compensation if the driver of the vehicle drug test came back positive for cocaine?

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Jun 28, 2021

For purposes of this answer I am assuming that the driver that tested positive for cocaine was a coworker for the same company that you are employed with. In some instances you may be able to get around worker compensation immunity if the cocaine use caused the accident. If you did not actively... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: If "A" clearly ran a stop sign and t-boned my truck, how can he have insurance without pip? Witnesses -yes Lose my trk

I lose my trk to the towing co. I had basic coverage and shared no responsibility in the crash. I hurt my hip.

Charles M.  Baron
Charles M. Baron answered on Jun 21, 2021

If the other vehicle is one with 4 wheels, it is not possible for it to have auto insurance that excluded PIP - but in any event, that driver's PIP coverage, if any, would be for the purpose of covering THAT driver's medical bills. It is the LIABLITY coverage of that driver's policy... Read more »

2 Answers | Asked in Car Accidents for Florida on
Q: the guy is asking for a jury.

it also states that the guy had disfigurement and will now be disabled. do i need to protect my proerty

Charles M.  Baron
Charles M. Baron answered on Jun 2, 2021

I'm assuming from your question that you have already confirmed with your insurance company that you have no bodily liability coverage. Had you purchased such coverage, the insurance company would have to provide you with an attorney at no cost to you. If you did not purchase such coverage,... Read more »

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1 Answer | Asked in Car Accidents and Traffic Tickets for Florida on
Q: Can I get into trouble for almost hitting a pedestrian and almost causing an accident at the same time?

I had the green light at an intersection, but not an arrow. As soon as a group of cars clear the road, I saw an opportunity to turn left, but I did not fully pay attention to the intersection. A high school student was crossing the road and didn't see whether she had the crosswalk light or not... Read more »

Brandon Labiner
Brandon Labiner answered on Jun 1, 2021

I am uncertain if you are worried about the footage being used for a personal injury lawsuit by the pedestrian or as grounds for giving you a traffic ticket. To answer your questions directly, though, yes, they could turn over the footage. It seems unlikely that the driver would turn over the... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: if i am getting sued for someone not on my insurance wreaks my vechial can they take my property
Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2021

So someone not on your insurance wrecked your vehicle. I assume that whoever is suing you was damaged in the same accident. Did your insurance carrier deny coverage? If the court enters judgment against you (on the theory perhaps that you negligently let someone use your vehicle), yes, the... Read more »

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