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Florida Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents, Personal Injury and Probate for Florida on
Q: My mother apparently auto accident claim that has been settled, my father is still alive. They set up probate though?

My mother apparently auto accident claim that has been settled, my father is still alive. They set up probate though? They weren’t able to reach him because number had changed. I have power of attorney over father since dx of Alzheimer’s. What should I know?

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Apr 6, 2020

That’s a complex question. Was there a law suit filed? Is your mom still alive? Do you live in Florida? You need to consult with an experienced probate and a personal injury attorney quickly. Get all the paper work together, police report, insurance information etc.

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1 Answer | Asked in Car Accidents for Florida on
Q: We Were Fully Backed Out . I Put My Car In Drive And Before I Know It The Other Car Gassed It And Back Into Me.

Why Were We Both Citated Instead Of Him Being At Fault?

Timothy Rowe
Timothy Rowe answered on Mar 29, 2020

Unfortunately police reports are not always accurate, and the police officer's don't always get all the facts right. Sometimes they have to make judgments right or wrong on what happened, and who they believe as stories often conflict. If you feel you received a ticket in error, you can fight it in... Read more »

1 Answer | Asked in Car Accidents and DUI / DWI for Florida on
Q: I was driving and was going around a curve and my purse fell i picked it up and my truck swiped the light post.

I had no idea i had to call since there were no other vehicles or no people involved. I went to the closest store where i found out some one behind me had called and followed me and told the cops were i was. I was then approched by 5 officers who asked what happened and i told the truth and... Read more »

Carey Wagner Meldon
Carey Wagner Meldon answered on Mar 11, 2020

From what you describe it appears the government WOULD have a plausible DUI "case" against you.

You have a few different questions that need answers:

1) Did the police officer have a lawful basis to make contact with you? It sounds (without further information) that the civilian...
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2 Answers | Asked in Car Accidents and Insurance Defense for Florida on
Q: Can a person sue my insurance in a accident if no one was at fault
Josh Corriveau
Josh Corriveau answered on Feb 27, 2020

Yes. In some cases liability is disputed (i.e., how the accident happened). If the other driver claims the accident was your fault or you did not comply with the rules of the road, the other driver may sue for damages. In Florida, you may also be a percentage at fault. For instance, a jury may find... Read more »

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3 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Florida on
Q: If you’re in a single vehicle car accident & you hurt yourself bad do the cops automatically test for alcohol?

My brother crashed his car into the woods & was taken to the hospital. He totaled the car too & he has been in the hospital for 5 days now. Do the police automatically test your blood for alcohol in these scenarios? He was the only person in the car & the only person injured.

Jean Richardson
Jean Richardson answered on Feb 25, 2020

When you are transported to a hospital under such circumstances, the medical staff will do a blood draw in order to provide the necessary care/treatment. There are situations when police officers may request a blood draw during a DUI investigation. However, if the medical staff is doing one anyway... Read more »

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3 Answers | Asked in Car Accidents for Florida on
Q: I was in a fender bender last June and my ins did not take effect until next day. The accident was my fault and the othe

The other partys ins co keeps calling me to recover their payout. I live on SS retirement and own a mobile home. I explained my income just covers necessities and I can't pay them anything. What can they do

Charles M.  Baron
Charles M. Baron answered on Feb 6, 2020

Probably the reason they keep calling you is that they figure it will be a waste of time and money to sue you. They can sue you within 4 years of the date they had to make the payout to their insured, resulting in a money judgment against you - but S.S. income and the dwelling you live in are... Read more »

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1 Answer | Asked in Car Accidents for Florida on
Q: Is a witness subpoena delivered via first class mail (not certified mail) at the mailbox a legal subpoena?

Both me and my wife received a witness subpoena from the state of Georgia (we live in Florida approximately 350 miles away from the issuing court) for a hit and run traffic case. At the time of the accident we called 911 and a police officer arrived at the scene. We provided all the information... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2020

You could ask this question in Justia > Ask a Lawyer > Georgia, but the answer you would get would probably be that the subpoena was not properly served and that you therefore don't have to comply with it.

2 Answers | Asked in Car Accidents for Florida on
Q: If I get hit in an accident and I have a claim. I get an estimate and the insurance that hit me agrees to pay but

before I get paid I get in another accident and my car gets totaled do I still get the previous check

Charles M.  Baron
Charles M. Baron answered on Jan 13, 2020

Once a claim is settled and the claimant signs and submits the release, there should be no reason the insurer would wish to renege.

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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Florida on
Q: Can my civil lawyer sue family members of the person who caused my daughters death? Like tale their assets.

No insurance on either vehicle , multiple people involved (driver of car no license and under the influence driving another person's car no insurance. ) (driver of motorcycle my daughter was a passenger on driving a friends motorcycle no insurance or endorsement for either driver)and owner of bike... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 9, 2020

Why are you asking this question if you currently have a lawyer? Are you doubting something that your lawyer told you, and if so, why? If a family member of a driver owned the vehicle being negligently driven, that family member could be held liable. If found liable with a money judgment... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was sent an affidavit for a car accident that was already decided the other party’s fault. What’s happens If signed?

I had a car accident which both insurance companies put 100% fault in the other party but the dude is still trying to sue over a fake injury he got. His lawyer sent my insurance company an affidavit and they tell me I can either sign it or choose not to. Would signing it be the same as me saying... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 19, 2019

Your inquiry is impossible to respond to without knowing the affidavit statement(s) that you are being requested to agree with.

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2 Answers | Asked in Car Accidents for Florida on
Q: Should I contact a lawyer?

I got into an uber accident but wasn't hurt. The police were called and they told us it was the other driver's fault.

Gregg M. Hollander
Gregg M. Hollander answered on Dec 14, 2019

Good afternoon. I would contact a lawyer if you were injured or are in pain so you can understand your rights. If you have been injured or are in pain you should seek medical attention immediately. If you don’t, you may compromise your claim and the amount of benefits you could be entitled to.... Read more »

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1 Answer | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Florida on
Q: My dog was killed by a car driven by a careless driver with only a speed of less than 5 mph. Chose drivr over hoa

Driver chose to drive over appeared intentional definitely cruel conduct.

History of doing this, multiple witnesses all willing to testify , hoa is aware of past that this person is a danger. Nothing done. Appears culpable negligence

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

What does the HOA have to do with it? If you believe a crime was committed, report it to the local law enforcement authorities.

2 Answers | Asked in Car Accidents for Florida on
Q: Hello, I was rear-ended yesterday. No police involved, culprit refusing to pay. What to do?

I have the person's insurance, license, vehicle registration, phone number and some front dash-camera footage of when he hit me. He said he would pay, but he called to insult me and deny anything happened.

Mitchell Feldman
Mitchell Feldman answered on Dec 3, 2019

You can file a claim with your insurance company and provide the other drivers information and they can go after the at fault driver for recovery of the damages. If you have a license plate And drivers name and information obviously you could still pursue a claim cvilly against the person. However... Read more »

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3 Answers | Asked in Insurance Bad Faith and Car Accidents for Florida on
Q: a vehicle was totaled by insurance i have stored it i want to be payed or i want title

my friend had an accident i payed for the vehicle to be towed to my residents. The Insurance company totaled the car. It has been stored at my property for several months.I now want the storage fee payments and the towing fee payment or i want the title of the vehicle.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 20, 2019

So what do you want to know? Send the pertinent parties (the fiancé company if any, the insurance company, and your friend) letters requesting that they sign the title to you or pay your storage fee.

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1 Answer | Asked in Family Law, Car Accidents and Sexual Harassment for Florida on
Q: Is it illegal in Florida to post pictures of a 13 year old in a bikini
Charles M.  Baron
Charles M. Baron answered on Oct 30, 2019

Your question begs the question of why you are asking. It may be legal, or it may not, depending on the circumstances.

1 Answer | Asked in Car Accidents for Florida on
Q: My gf hit a Gate driving my car causing 3500 I'm damage and no injuries, can I take her to small claims court?
Gregg M. Hollander
Gregg M. Hollander answered on Oct 27, 2019

I’m sorry to hear you are having to deal with this. Yes, you can file a Complaint in small claims (county) court. However, if you have auto insurance which includes collision coverage, you could make a claim through your own auto insurance policy to fix the car and they would then go after your... Read more »

2 Answers | Asked in Car Accidents for Florida on
Q: Backing out of a parking spot and someone hits me trying to go around can I fight and win this ?

An older man tried to go around me I was already 4 ft out of the parking spot and he tried to squeeze around me and hit my rear end and I get a ticket can this be fought and won?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2019

Yes, possibly.

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1 Answer | Asked in Car Accidents for Florida on
Q: I was in an auto accident that I am at fault, I have to sign an affidavit from the other party should I sign?

The affidavit is requiring me to give my personal details like my financial records, bank statements etc and I am scared to sign it. Will it give me a problem if I refuse to sign?

Tim Akpinar
Tim Akpinar answered on Oct 14, 2019

Your insurance carrier has likely assigned an attorney to your defense. It would be advisable to have an attorney review anything that the other side is asking you to sign. Good luck

Tim Akpinar

3 Answers | Asked in Car Accidents for Florida on
Q: How to stop subrogation

I currently have a subrogation out against me. When the accident happened I was using my company’s insurance And now they don’t want to pay for.

Charles M.  Baron
Charles M. Baron answered on Oct 4, 2019

I assume you mean, "How can a defend myself in a subrogation lawsuit that's been filed against me?" The answer is that you first consult, in person, an attorney who handles accident defense. You probably will have to pay a reasonable consultation fee. The attorney will go over with you the... Read more »

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2 Answers | Asked in Car Accidents for Florida on
Q: Can a plaintiffs notice of dropping wage and future earning capacity claim be recanted

I have on going lawsuit and proceeding pro sa and my ex lawyer filed that and u was wondering if I can take that back

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Sep 29, 2019

You can try but it won’t be easy- depends why it was dismissed and why you are seeking to amend .

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