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Florida Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents, Social Security and Personal Injury for Florida on
Q: I won a suitcase for brain damage in a car accident. My SSI suspended my benefits. . why?
Patrick Arun Iyampillai
Patrick Arun Iyampillai
answered on Jul 1, 2024

SSI (Supplemental Security Income) is a needs-based program, and the Social Security Administration (SSA) considers your income and resources when determining eligibility. Here, the SSA may have seen your settlement as income, and then your total income and resources were possibly determined to be... View More

2 Answers | Asked in Car Accidents for Florida on
Q: Can I sue a hit & run driver that did not result in injuries?

The incident happened in a Publix parking lot. I have 2 witnesses, a FL State Trooper's Crash Report, & my DashCam video.

Charles M.  Baron
Charles M. Baron
answered on Jun 23, 2024

As there is no bodily injury, I assume you are asking if you can sue the other driver for physical damage to your vehicle. Of course you can, and if someone else owns the vehicle, you can sue that owner as well. HOWEVER, the normal first step in this situation is to determine if the other driver... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Truck accident in Georgia left me potentially disabled I’m from Florida. This accident destroyed my life my age is 31.

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

I'm sorry for your terrible injuries. You could discuss with attorneys, but as my colleague correctly states, you may be looking at a lien. Much more detail is needed to give any kind of meaningful assessment on your case. If you successfully obtained a disability decision, your case may have... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Truck accident in Georgia left me potentially disabled I’m from Florida. This accident destroyed my life my age is 31.

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 15, 2024

A client is free to discharge his attorney at anytime, but the attorney is entitled to file a cost lien for costs advanced and file a charging lien for work done (against any recovery that is obtained). Reach out to another Georgia attorney for possible representation if you want to discharge your... View More

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2 Answers | Asked in Car Accidents for Florida on
Q: I had an accident in May 14 2020, now the owner is suing for damages in May 9 2024 how long does a person have to file
Stephen Arnold Black
Stephen Arnold Black
answered on Jun 7, 2024

As Attorney Vazquez points out, accidents occurring prior to March 2023 are governed by the old statute of limitations for personal injury cases which is 4 years. Accidents occurring after March 2023 are now governed by a 2 year limitations period. Since your accident occurred May 2020, the 4 year... View More

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2 Answers | Asked in Car Accidents for Florida on
Q: I had an accident in May 14 2020, now the owner is suing for damages in May 9 2024 how long does a person have to file
Roberto M. Vazquez
Roberto M. Vazquez
answered on Jun 6, 2024

If the accident was before March 2023 the statute of limitations is generally 4 years. If you had insurance at the time of the accident make sure to reach out to them so they can provide you with an attorney. If you did not have insurance, or did not have bodily injury coverage, you'll... View More

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5 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for... View More

John Michael Frick
John Michael Frick
answered on May 9, 2024

This is exactly why it is important to have insurance. Let Allstate, and the attorneys it has hired and is paying, defend you. As long as you cooperate with your attorney's reasonable requests for information and cooperation, you should be in good hands.

Motor vehicle accident...
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5 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for... View More

Charles M.  Baron
Charles M. Baron
answered on May 9, 2024

It is unclear why you are so worried when, according to you, you have a litigation lawyer at no cost to you and the plaintiff is suing you for an amount that your insurance would cover 100%. If that's really the case, your assets and income shouldn't be at risk - but you must consult... View More

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1 Answer | Asked in Consumer Law, Contracts and Car Accidents for Florida on
Q: What are my options if my GAP insurance doesnt want to Cover my Balance after a total loss in FL?

I was in an accident and received no citations but my car was declared a total loss. I was promised no storage fees from the body shop my vehicle was held in while waiting for a decision from insurance. They ended up chsrging over $5k in storage fees which my insurance then deducted from the... View More

Linda Liang
Linda Liang
answered on May 3, 2024

Unfortunately, this does happen. The storage facility will charge storage and unless you got the promise that there were not going to be storage charges in writing it will not be binding. GAP Insurance ordinarily covers the “gap” between what is owed in the vehicle and the fair market value the... View More

1 Answer | Asked in Car Accidents for Florida on
Q: My husband was involved in accident, I wasn't the driver.How is the insurance company coming after me not my husband.

We both are on the insurance, I'm not on his truck as owner of the truck. But now coming after me. When I wasn't never involved accident. I was at work. Can they come after me even my husband one involve in accident.

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2024

A Florida attorney could advise best, but your question remains open for two weeks. It sounds like you might be the subject of a subrogation claim, where the other side's insurance paid them and is now pursuing the funds. If you are somehow connected to the vehicle, in most cases by being the... View More

2 Answers | Asked in Car Accidents for Florida on
Q: Leaving accident without getting info just tag number and later find damage.

I was at a red light when a car changed lanes diagonally on my right side attempting to get in front of me when a red light changed and collided with my right front bumper. We were in heavy traffic and it wasn’t safe, therefore upon my first glance it appeared no damage, as other driver asked to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 3, 2024

When you file your claim with your insurance company, give them the tag number and the circumstances you have related. Using that number, the insurance company may be able to identify them, and choose to file a civil court claim against them. They might be able to recover a judgment, including a... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: My son is being sued for injuries in a crash. How does he request the medical records of the plaintiff?
Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Florida attorney could advise best and deserves the opportunity to respond first, but your question remains open for almost a week, and time is of the essence in a response here. If your son's car is insured, he should not be undertaking his defense by requesting the other side's... View More

1 Answer | Asked in Car Accidents for Florida on
Q: Which driver would have been ticketed via a highway median cross-over for failure to yield the right-of-way?

Driver Two crashes into Driver One within a highway median cross-over. Driver One - stopped on the east side of the road before the median cross-over until two Northbound highway lanes and the median cross-over left turn lane (marked) into the median cross-over were clear. Driver One got to the... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 8, 2024

Who would be ticketed is entirely within the discretion of the law enforcement officer(s) after the officer(s) speak to those on scene and review the situation. The officer(s) may or may not get it right - and that's why traffic tickets can be contested in traffic court. That's a... View More

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

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