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Florida Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for Florida on
Q: We were leaving our house, notice to cars sitting on the road, at the end of our driveway talking. We got in the car my

Put the car in reverse and hit the woman cuz she pulled in right behind us. We have like an acre in our front yard she pulled into the middle of our front yard and just passed us so when he backed up he couldn't see her and hit her on her passenger side. She said she saw us backing up and hit... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 18, 2018

Maybe. Have you notified your insurance company?

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3 Answers | Asked in Car Accidents for Florida on
Q: I've heard city officials have government immunity from being sued, but what if their flawed street design caused my

accident?

Steve Louis-Charles
Steve Louis-Charles
answered on Apr 14, 2018

Generally, federal, state and local government entities are immune from suit under a legislative and sometimes constitutional scheme known as sovereign immunity. However, there are a handful of exceptions to the rule of sovereign immunity that may expose government entities to civil liability. You... View More

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3 Answers | Asked in Consumer Law and Car Accidents for Florida on
Q: I made a car payment and it cleared my bank on 3/22/2018. Actual payment date is 3/23/2018.

On March 23, 2018 at 7:08am, the car was a total loss in an accident. I have Gap insurance so whatever the difference in loan and payoff, it is covered in full. Should the loan company refund my payment since there was no car to pay on the actual payment date?

Steve Louis-Charles
Steve Louis-Charles
answered on Apr 9, 2018

Look to the written terms of your gap insurance policy. The answer should exist in its details.

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2 Answers | Asked in Car Accidents for Florida on
Q: Can you be sued by a driver that hit you in Florida And a another car was at fault for the whole

A driver coming out of a parking lot struck my son in the passenger side of the vehicle in which he had the right away nor did he see her coming in nor was she looking She was cited for Not giving right away When she impacted my son it threw him into the middle medium that divides the freeway... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 30, 2018

Not really enough details to say for sure. It sounds like you were in a multi car accident or chain reaction type accident. I will go with likely yes, but it depends upon the facts and circumstances of the case you do not give enough details to say for sure.

Good luck and hope this helps.

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2 Answers | Asked in Car Accidents and Small Claims for Florida on
Q: Does an agreement to pay for lost appraisal value on a traded in car still stand aftwr the car has been traded in.?

So let’s call one person "A" and the other "B'. B likes to sue people and get settlements for $200,000. A is a nursing student on $100 per month budget.

A scratched B's chevy coming out of the driveway 2 weeks ago, a very small chip, but told B anyway out of... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2018

Yes if she can show the value was $150 less. Here's the point--she's entitled to have the scratch fixed. Ask a dealer, body shop what that would cost. Depending on how good a job you want, I'd think the range would be $75 to $350 depending on the area to be "feathered out"... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: I got a ticket 35 years ago in New York, with my lisence being from Florida. Can I still be made to pay it

I went to renew my Florida and was told I can’t yoll I have my name removed from the National registry

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 28, 2018

If Florida says you cannot renew then it appears yes. To hire a lawyer to try to fix or fight the 35 year old ticket will likely cost more than

just paying the ticket.

Good luck.

3 Answers | Asked in Car Accidents for Florida on
Q: Can you sue another driver to have their license taken away for negligent driving?
Steve Louis-Charles
Steve Louis-Charles
answered on Mar 22, 2018

No you may not. Only the state via the courts have the authority or legal standing to revoke one's driver's license.

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1 Answer | Asked in Car Accidents for Florida on
Q: car accident 1/8/2018 other driver ticketed in rear end, I suffered back injury which will require surgery

I sent a demand letter to the at fault driver and request an amount for pain and suffering and future medical bill I asked for a reply in 14 days, I never heard back so I sent a followup email on Monday still nothing. I can't hire an attorney because the limits on the at fault driver are low,... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 21, 2018

Well you may have underinsured. Talk to a member of the Fla Justice Assn for the county where it happened--they give free consults.

3 Answers | Asked in Car Accidents for Florida on
Q: I was in a car acc. In Jan. The other ins has accepted liability I sent a demand letter and have not heard from them

I will require back surgery in the future and need to settle before then because the amount I have to pay before I can have surgery what do I do to make them take me serious I asked for a reply in 14 days and still have not heard anything and I sent a follow up email on Monday, I don't want to... View More

Steve Louis-Charles
Steve Louis-Charles
answered on Mar 21, 2018

There are many attorney's out there who will take your type of case on a contingency fee basis. Meaning they will not be paid unless you are paid. Because you are self representing, it is highly unlikely that the insurance company will settle with you for an amount that will be enough for your... View More

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4 Answers | Asked in Car Accidents for Florida on
Q: I was in a car accident in 1/8/2018 the other driver was ticketed her ins. Co. Ac. Has accepted liability I live fl,

I sent a demand letter and asked fir a reply in 14 days due to accident I will require back surgery, but I have to settle before then for the money i have to pay dr.i can't hire an attorney due to the limits on the other ins.what can I do to have them take me serious in my demand and reply to me

Steve Louis-Charles
Steve Louis-Charles
answered on Mar 21, 2018

Stop what you are doing! You need help from an attorney to handle this type of matter. Going it alone is not a good idea at all. You will surely be taken advantage of by the insurance company of the negligent party.

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1 Answer | Asked in Car Accidents and Traffic Tickets for Florida on
Q: I was cited for leaving the scene of the accident with over $50. Worth of damage. I feel the other driver left.

Do I need a lawyer?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 11, 2018

The choice to hire a lawyer is totally up to you. I suggest yes, but it is your call.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was in a car wreck as a passenger. The driver hit a road barrier and kept going and parked his car at a gas station.

At the gas station, I got out and realized I was bleeding and ubered to the hospital where I had stitches put on the inside and outside of my lip. Upon getting back to the driver, he does not want to go through car insurance or make a claim. Why? Well it finally came out that the driver is on... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 8, 2018

The two of you certainly COULD enter into a binding contract that he would pay the damages instead of contacting the insurance company, but if he were to fail to pay you would have to sue him to enforce the contract. But you could be accused of concealing a crime, among other things. In my... View More

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5 Answers | Asked in Car Accidents for Florida on
Q: Insurance company of person that hit my wife is refusing to pay for full amount of damage quote.

Wife was at a stop and other person hit her. All sides agree to this. Minor damage but I got a quote from one company and agreed to get one from who they “recommend “. They refuse to pay the quote from my preferred repair company. Say I have to pay difference. Not looking for money just my car... View More

David Hughes Harris
David Hughes Harris
answered on Mar 3, 2018

You may take the at-fault driver to small claims court.

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2 Answers | Asked in Car Accidents for Florida on
Q: Under what circumstances would my insurance company sue someone who borrowed my car and wrecked it?

The damage is only on my car. Do they only sue my friend who borrowed if if damage is over a certain amount, or circumstances like drunk, no license, etc (none of those apply anyway, just wondering why and/or when they would pursue a lawsuit).

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 2, 2018

Sorry for your situation. There could be a number of reasons for the insurance to sue or not sue. It is not feasible to do an analysis like you are asking here. There is just too many what if's. Bottom line. If your insurance company is going to sue your friend their is likely nothing... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: I loaned my friend my car and he wrecked it. I want to have it fixed, but can my insurance company sue him for expenses?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 2, 2018

If your insurance is obligated to pay to fix the damages, yes.

1 Answer | Asked in Car Accidents for Florida on
Q: I was involved in an accident and had agreed to fix the other persons car at a place I know but they took it elsewhere?

I had agreed to pay for the fixing of their car out of pocket at a place that I know. They call me about a month after the incident saying they’re not going to that place and they’re going to a place of their own and they want me to pay a price thats super over charged. Since there was no... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 2, 2018

Short answer, not sure. I think that you should have turned in the accident to your insurance when it happened. That is why you pay for insurance is for situations just like this.

You may want to now report the accident, but keep in mind your insurance may not have to cover now as they...
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2 Answers | Asked in Car Accidents for Florida on
Q: My mom died from a motorcycle accident. She was driving but didn't have a motorcycle endorsement.

She had accidental death and dismemberment insurance. My question is would her not having a motorcycle endorsement void that insurance policy?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 2, 2018

Sorry for your loss.

No way to say for sure without first reviewing the policy terms. I suggest that you consult with an attorney here in Florida, if the accident occurred here to get a thorough evaluation.

What county did the accident occur in?

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2 Answers | Asked in Car Accidents for Florida on
Q: Was not at fault,other party on dirt bike,no injury.He only had a learners permit.No insurance.No tags.Should he pay?

Police report states the other party was at fault. The 15 years old claims the brake handle broke , and that is why he could not stop. I was on a main road and he come out of a state park when he went into the side of my car causing 3300 worth of damage. No help with my insurance due to only have... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 27, 2018

It is not clear from your post whether the other driver was covered by insurance or not. But, if he was riding a dirt bike it's likely that he was not.

If the accident occurred because the brake handle broke, it is possible that the owner or operator of the bike was negligently...
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2 Answers | Asked in Car Accidents for Florida on
Q: Can a tow company refuse to release my vehicle that was involved in an accident? Their reason is my tag is expired.

My car was in an accident not my fault. Police had it towed. The next day I attempted to have it released to my insurance company but the towing company refused to have it released because my registration is expired but that’s not the reason why the car was towed.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 26, 2018

In theory no. The only thing that he towing company can do is require that there storages fees be paid. If you want it released to your insurance company, why isn't your insurance company handling the matter versus you.

Lastly, it appears that the best thing to do is to have your...
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2 Answers | Asked in Car Accidents for Florida on
Q: What happens if the people I’m sueing in my auto accident claim don’t have any money?

I was wondering what would happen in this scenario. I was in an accident which left me with several damaged discs among other injuries, a totalled car(his insurance paid me it’s worth but I still owed over 5 grand of what is was worth so I lost 5 grand and my stable transportation), the inability... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 26, 2018

You really need to consult with a personal injury attorney in your area on this type of case. Normally if they have liability insurance you would go after that money. If they have a small liability policy you would be able to get it and keep your options open to sue the driving individually. You... View More

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