Lawyers, Answer Questions  & Get Points Log In
Florida Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Florida on
Q: Wife rear ended someone. She has no assets or job. Is our home safe if we bought it together after our marriage?

We where advised by insurance company that a lawyer might be needed as the person she hit got an attorney. We thought full coverage also had liability for the injured party but we where wrong and we didn't have that coverage. If she is sued, can out home be taken away? She has no job, no bank... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 16, 2022

OK first of all, if your wife had no liability insurance on her vehicle, the chances that an attorney would pursue this claim against her are almost 0%. Secondly, even if an attorney did pursue this claim, and your only asset is a joint home titled in your names together, that asset cannot be... Read more »

1 Answer | Asked in Products Liability and Car Accidents for Florida on
Q: A driver hit my car at my job's parking lot and he was driving a rental. Is the rental company supposed to fixed my car?
Linda Liang
Linda Liang answered on Jan 11, 2022

No. The renter's insurance company. The renter should have insurance covering the rental car. You should look to that direction.

2 Answers | Asked in Car Accidents for Florida on
Q: Who is responsible for lost wallet in car accident?

I lost my wallet with $600 in it after a car accident. I left the wallet in my truck and when I went to retrieve it the next day from the tow truck company the wallet was gone. Is my insurance company responsible?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 29, 2021

Perhaps. You should read the policy to see if it excludes losses of this nature. But, in any case, I suspect that the insurance company will want more than your word. Do you have any other way of proving the claimed loss of your wallet?

View More Answers

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Civil Litigation for Florida on
Q: Can my car leaser add damages to my credit if I choose to return it damaged even though I have gap insurance.

Hello. I want to return my car because I plan on buying a house early 2022 and don't want a car payment listed as a bill when I apply for loans. I got into a wreck last month. I only have pip insurance. It's a fairly large dent in the driver side of the door. The person's insurance... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 29, 2021

Your plan has serious flaws in it, not the least of which is a possible legal claim from the dealer seeking the remaining monthly payments that you agreed to pay at the beginning of the lease.

Whoever told you that you can just return a badly damaged leased car to whoever leased it to you...
Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Florida: recently married. New spouse owned property prior to marriage. If I am in a car accident and it’s my fault can

The injured party sue them and their property if owned prior to marriage?

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

If your spouse negligently entrusted you with the vehicle (if, for example there were no insurance), your spouse might be sued. If they were to recover a judgment, they could, in theory, levy upon your spouse's premarital property (as well as marital property).

View More Answers

1 Answer | Asked in Car Accidents for Florida on
Q: What happens after I filea a voluntary dismissalWithPrejudice in my personal Injury case?

My attorney filed for a motionless enormo The settlement agreement in court because I did not sign the release form and the court ordered me to sign the release form and file for the a.m dismissal.

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

I don't know what you mean by "a motionless enormo", but if you agree to a dismissal with prejudice, it means that you cannot sue again for the same injury. The release has the same effect. Ask your attorney to explain it to you.

2 Answers | Asked in Car Accidents for Florida on
Q: My car was totaled in an accident and I think my tie rods must have failed. What can I do to prove this?

The insurance company did pay for my injuries but my pip didn't cover it. Also, the insurance company doesn't want to pay me what my car was worth. What can I do about all of this?

Michael  Mayoral
Michael Mayoral answered on Dec 9, 2021

You can consult with and retain an attorney who deals with insurance claims. The attorney should be able to do this on a contingency basis, which means you don't pay the attorney up front, but if you recover additional money, the attorney receives a portion of that.

View More 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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.