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Florida Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for Florida on
Q: Can I sue my Dodge dealership for having defective airbags in my car after an accident?

My Dodge Charger was declared Totaled because the damages overpass the value of the car, which is around 20k. Accident was around 15-25mph low impact. The reason it was declared Totaled is because all my airbags went off in the car. There was no one in the passenger seat and all the passenger... View More

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

Did your insurance company pay you the value of the car? If so, how are you damaged?

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1 Answer | Asked in Products Liability, Real Estate Law, Traffic Tickets and Car Accidents for Florida on
Q: parents liability protection

S will be taking a vehicle to the university and he will need the vehicle to travel to/from his part time job I am wondering if it makes any sense to transfer the title to S's name? Does that offer us (parents) any protection from liability if, god forbid, something happens and he (we) was... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 26, 2019

Yes, if your adult son has sole title to the vehicle, he, and he alone, is legally responsible for it and the use of it. Once your child turns 18, you are not responsible in any way for his acts or omissions for use of vehicles (or anything else) that are not owned by you, not shared with you, and... View More

2 Answers | Asked in Traffic Tickets and Car Accidents for Florida on
Q: I was hit by someone without their headlights on at night, am I at fault?

Hi, I live in Pinellas County Florida. About a week ago I was driving at night and was making a turn on to a street with a yield sign for me. I looked both ways and made the turn. I didn't see someone who was driving without their head lights on and thus they hit me in the rear of my car.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 19, 2019

Since he hit you from behind, it probably doesn't matter whether he had his headlights on. And whether you saw him or not probably doesn't matter either. What does matter is that, if he had his headlights on he should have seen you and if he didn't that may have contributed to the... View More

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5 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: What can a widow and child collect for death of husband and father who was killed in a car accident

Car made illegal Uturn in path motorcycle

David Tapalian
PREMIUM
David Tapalian
answered on Mar 15, 2019

As an attorney licensed to practice law in Florida, Rhode Island and Massachusetts, we can help you. A lot of the information that we need to assist you in determining your case, is very fact intensive and private. There are a lot of factors in answering this question. Some of them include, the... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: can The dmv suspend my license because of an accident I did not cause ?

My ex boyfriend got into an accident in my car the insurance went out the same day the accident occurred just at 12 am I was not the driver or even in the car and the dmv suspended my license and they are trying to make me pay the Falange due to other vechicles before I can get my license back... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2019

You are writing from Atlanta, so I assume you're talking about the Georgia "DMV" as the entity that suspended your license, rather than the Fla. DHSMV. If that's the case, you need to ask a Georgia attorney. Your post came in under the category Car Accidents in Florida. Even... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law, Car Accidents and Civil Litigation for Florida on
Q: Dog injured in hit/run. Police say it's not personal property. How do I prove it is, in FL? Statute?
Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2019

Can't tell why you're asking - for insurance coverage purposes? A dog that you own is your personal property, and you may sue the driver and owner of the vehicle that struck your dog for your vet bills, and if your dog dies, for the fair market value of your dog. In some circumstances,... View More

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Florida on
Q: I was involved in a very bad car accident in Maryland I am a Florida resident I was hit by a guy who was on heroin

My mom died from her injuries in the accident. The driver was driving his moms car he had not had a license in 15 years. He was arrested that night and is now charged with 11 felonies. he is going on trial in April. Because it was his moms car can I sue his mom for her home in maryland and can I... View More

Gregg M. Hollander
Gregg M. Hollander
answered on Feb 18, 2019

I'm so sorry to hear about your loss. Please accept my condolences.

The answer to your question is just not that simple. First, where did the accident happen? If it happened in Florida, the owner of the at-fault vehicle is considered primarily responsible and can be sued as long as...
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1 Answer | Asked in Car Accidents for Florida on
Q: Tow company overpriced wrecked car tow fee and threatened to sue and arrest me.

I was in an accident in Connecticut, I live in Florida and was only there for a vacation. I brought my moms car and the tow company was called by the local police, therefore, a non-consensual tow or I would've called Triple A. The tow truck company ended up wanting to charge me $550 for one... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 24, 2019

You should ask this question in Justia › Ask a Lawyer › Connecticut ›. As far as litigation in Florida small claims court is concerned, yes, he could sue you here, but chances are that he meant that he was threatening to sue you in Connecticut.

If you haven't already, contact...
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3 Answers | Asked in Car Accidents for Florida on
Q: I received a hit and run letter and the mail. What is my next step
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 19, 2019

What does the letter tell you the next step is?

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2 Answers | Asked in Traffic Tickets, Employment Law, Immigration Law and Car Accidents for Florida on
Q: Can a traffic moving violation affect a H1B application?

Dear Lawyer, good morning.

I have a question that might seem a silly one.

Last summer in Miami, while in standstill traffic, I got distracted for a second and hit the car in front of me ( speed was very low, bumbers got a little bit damaged, but nobody got injured ).I called the... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 5, 2019

Thank you for your very thoughtful and courteous question! I don't see any problem at all with the H-1B process. It's when driving and alcohol mix that there are serious serious consequences. Piacere!

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1 Answer | Asked in Car Accidents for Florida on
Q: Once an insurance agency says it'll pay to cover expenses, can they revoke it?
Charles M.  Baron
Charles M. Baron
answered on Dec 14, 2018

Depends on what you mean by "says". Also, I think you mean insurance company, not insurance agency. An agency is just the entity that sells the insurance. Regarding what the insurance company "says", nothing is 100% definite until there is a signed document setting forth the... View More

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Florida on
Q: State Farm Insurance Company, my carrier, two days after I was hit by a person DUI of drugs who hit me with a 5,000 lb

truck causing my car to roll over three times and land on its driver side an inch away from a house after going through a line of trees and a fence said that I was eligible for "expedited settlement" even though I wasn't ready to settle and did not ask to settle. I already have had 4... View More

Mitchell Feldman
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Mitchell Feldman
answered on Dec 12, 2018

The first thing I will say is of course you need counsel and her attorney and why if you are seriously injured he did not obtain representation is contrary to your best interest. Do not try to play lawyer with the insurance company or insurance companies and the other parties. If you were seriously... View More

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2 Answers | Asked in Car Accidents for Florida on
Q: Will my health insurance through work pay for my medical bills for a car accident I was in?
Charles M.  Baron
Charles M. Baron
answered on Nov 30, 2018

PIP insurance must be the first insurance for paying those medical bills. When that coverage is exhausted, you have two options: (A) have your health insurance kick in, or (B) have your attorney arrange a letter of protection (also called "LOP") with each medical provider, which is an... View More

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1 Answer | Asked in Car Accidents and Consumer Law for Florida on
Q: I returned a rental car, and later my credit car was charged with no explanation.

I was told I would receive an emailed receipt, but never did. I have insurance, but was not notified of any damages for which to submit a claim. The new charges were $228.31, and the initial contracted rental charge of 178.15 is still there as well. Is this legal, and/or how is the best way to... View More

Tim Akpinar
Tim Akpinar
answered on Nov 21, 2018

I do not practice in Florida/Virginia, but your question remains open for 4 weeks. As a starting point, you could contact the customer service department of the car rental company and ask them to explain the charges.

Tim Akpinar

3 Answers | Asked in Car Accidents for Florida on
Q: I can still file a claim even if no one was hurt, right?
Charles M.  Baron
Charles M. Baron
answered on Nov 16, 2018

You question is unclear, but you seem to be asking if you can file a claim for damage to your vehicle, even if nobody was physically injured. If that's the question, the answer is of course you can, and the first step is to set up a claim with the other party's insurance (assuming they... View More

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3 Answers | Asked in Car Accidents for Florida on
Q: I was hit by a driver that was ticketed for failure to yield the right of way but she has no bodily injury on her policy

I have no uninsured on my policy but she was ticketed and my car was totaled due to her not paying attention and I want to know where to go from her maybe I can get help in a small claims case against her and her husband

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 15, 2018

Do you know what bodily injury coverage means? If she had liability coverage, make the claim with her insurance company.

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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Florida on
Q: I need to file personal injury suit against my insurance because was in auto accident hit by uninsured what form to file

I am 1 month away from 5 years limit. I have been to sick to do anything. There is a primary and secondary both stalling. Primary which has had case 2 months just made very low offer not even covering bills.

Then my secondary which is my insurer didn’t think it was worth much, so I told... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 18, 2018

You should have contacted a member of the Florida Justice Association. They give free consults.

I can't give you legal advice on Florida pleadings but one way would be to go to your county court law library, ask them to help you look up a recent case involving uninsured motorist law,...
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1 Answer | Asked in Car Accidents and Consumer Law for Florida on
Q: A thrift store employee damaged my car when loading a table. I had it repaired and gave them the bill $847.13.

They have not follow-up with any response in over two months with two reminders. How can I get them to reimburse me?

Charles M.  Baron
Charles M. Baron
answered on Oct 15, 2018

Submit to them a written request to provide to you, within 30 days, the name and contact information for their liability insurance company and a copy of their insurance policy. By law (Fla. Statutes Section 627.4137), they must comply. They are more likely to timely comply if you have an... View More

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was hit by an uninsured driver. My car is to totalled and I only have liability coverage from my insurance. What other

Options do I have concerning compensation for my vehicle and a personal injury claim. I must add that the vehicle and car insurance was in my husband's name only.

David Hughes Harris
David Hughes Harris
answered on Oct 11, 2018

If I understand the question, uninsured driver strikes your vehicle and you are injured; however, you also don't have uninsured motorist (UM) coverage.

These circumstances do present a real challenge to compensation.

If the vehicle was owned by someone else, then you can pursue...
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1 Answer | Asked in Criminal Law and Car Accidents for Florida on
Q: Hit and run

What happened if a person hits a car but leaves the scene because they needed to go to work? He did not leave no insurance information or not he left but I got his tags info.

Kevin John Mawn
Kevin John Mawn
answered on Sep 18, 2018

If you are involved in an accident, you may not leave the scene until you have fulfilled the requirements of Florida statutes. If the property is unattended, you must leave your contact information at the scene. Leaving the scene of an accident is a crime. You may wish to report the matter to... View More

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