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Florida Car Accidents Questions & Answers
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... Read 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 the...
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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 night... Read 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 your...
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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... Read 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 agreed-upon... Read 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 back and neck... Read more »

Mitchell Feldman
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... Read 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 agreement to... Read 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... Read 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 were at... Read 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... Read 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, ask...
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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... Read 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 the...
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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... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: How long can a law firm hold my settlement funds in escrow? I am in Florida. My personal injury case settled last year.

All treatment providers have been payed, except for maybe one doctor. There was a dispute about claims that were paid by my auto insurance pip for treatment not done. Perhaps it was a medical coding error. All the attorneys that worked on my case left the firm. I am considering writing the firm a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2018

They should release those that are in excess of the amount in dispute. Find out what the hold up is.

1 Answer | Asked in Criminal Law, Employment Law, Workers' Compensation and Car Accidents for Florida on
Q: I dive the company truck for the last 7 months found out I'm not on his insurance policy do I have a case

I was working for a landscape company worked for them for 9 months from the very first day I was driving there truck and I have just found out that I am not on his vehical insurance policy for the vehicle that I drive every day. . Im in state of Florida and dont know if I have a case. Or not.

Gary Kollin
Gary Kollin answered on Aug 29, 2018

As far as I see it the answer is NO.

How are you damaged?

Fortunately. There was no reason to have needed to use the insurance.

It is like being in a building and leaving. 5 minutes later the building collapsed.

You can't sue because the building COULD have collapsed...
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2 Answers | Asked in Car Accidents for Florida on
Q: Can a uninsured motorcycle driver get a rental if they are not at fault but the other party is?

I was involved in a motorcycle accident where they were cited for being at fault. They have insurance, I do not. Is it possible for me to get a rental, as i have no vehicle, and the motorcycle is totaled?

Jason S. Turchin Esq.
Jason S. Turchin Esq. answered on Aug 26, 2018

Yes it is possible. Oftentimes, if liability is not an issue, the adjuster for the at-fault party may authorize a rental and pay it directly. However, if the vehicle is totaled, they may either not pay you for a rental, or could authorize a short rental term while they are negotiating with you or... Read more »

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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: Rear ended on the hwy in Florida totaled car/Insurance wants to pay 5dys rental/plus car.What are we owed?! It's 21days?

Hi on Aug 1 my husband was driving our Unregistered but insured in California SUV on the hwy in Florida when we got rear ended by a careless driver/Police report. We have major bumper damage as well as frame etc.I was taken to the hospital by ambulance/checked out and released..Insurance delayed... Read more »

Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Aug 21, 2018

Feel free to contact our Miami Location at 305 405-5372 and ask for Sarah or Kathryn, I believe they can discuss potential further options for you.

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1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: What can I go after in a law suit if the person owns a home and nothing else?

I was in an auto accident where I received permanent injuries to my spine. The driver had a very small bodily injury coverage which I received the full amount in. I was informed by several people, as well as looking it up in the Florida state laws, that I can go after the driver/owner of the... Read more »

Anna Katherine Stone
Anna Katherine Stone answered on Aug 19, 2018

Upon receiving your settlement, you likely signed a release which means you can’t sue them for anything else. Also, you would have to go to court to a get judgment against them in order to potentially garnish their wages (not all income is garnishable). However, to go to court in a case like is... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Florida on
Q: Hit a Parked car, driver was not in vehicle but retained a lawyer for injuries.
Charles M.  Baron
Charles M. Baron answered on Aug 15, 2018

You did not ask a question, but you seem to be wondering what to do in this situation. Also, I assume that the lawyer sent you some sort of demand regarding damages for bodily injury. The first step is to look at the police report - what does it say about who was in which car, and about bodily... Read more »

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