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Florida Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I'm 19 and I'm getting sued for 100k. I'm currently a full time student and I don't work or own any property.

One year ago I was involved in a car crash and my insurance company paid the other person involved the agreed amount. One year later (today) I'm getting sued for over 100k and I don't work and don't own property. What should I do?

Roberto M. Vazquez
Roberto M. Vazquez
answered on Mar 17, 2023

This sounds like a subrogation lawsuit, which I'm very familiar with. These usually come about when the insurance company for the other driver pays out because of the accident, but then seeks to recover that money from the person they deem to be at fault. You should try to speak with an... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I'm 19 and I'm getting sued for 100k. I'm currently a full time student and I don't work or own any property.

One year ago I was involved in a car crash and my insurance company paid the other person involved the agreed amount. One year later (today) I'm getting sued for over 100k and I don't work and don't own property. What should I do?

Charles M.  Baron
Charles M. Baron
answered on Mar 16, 2023

The short answer is that you should schedule a consultation with an attorney handling personal injury cases. Your inquiry is a bit mysterious. Sued by whom? If your insurance company settled with the other party, they should have had that party sign an agreement releasing you from liability, and... View More

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1 Answer | Asked in Consumer Law, Products Liability, Car Accidents and Lemon Law for Florida on
Q: Do I have a case?

I purchased a used truck about 1.5 years ago from a dealer. When asked about prior damage if any the dealer told me there was only minor. The car fax report only shows minor as well. While I was under the truck checking the size of the spare tire I noticed there is frame damage on the left rear. I... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 5, 2023

Regardless of liability or lack thereof, your first step is to get a written repair estimate, then demand that the dealer pay it, and if they balk, say you're planning to take legal action. That may or may not work, but there's no downside to doing it. That said, whether the dealer is... View More

1 Answer | Asked in Employment Law, Personal Injury, Banking and Car Accidents for Florida on
Q: I have several things that I have endured over the past couple years that I believe could be potential lawsuits differen

I'm basically want to hire myself and attorney that I can pay monthly payments to and I can go over all of my different practice areas and I believe they need attention it's too many things done to me wrong over the course of my life I understand there's a statue of limitations for... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

If you're interested in hiring an attorney, you can search for attorneys in your area who specialize in the relevant practice areas for your potential lawsuits. Many attorneys offer free initial consultations, so you can discuss your potential cases and payment options during that meeting. You... View More

1 Answer | Asked in Car Accidents for Florida on
Q: Someone hit my truck 3 days ago and I don’t have insurance just got my license back. He did not have insurance and was s

And was scared so I did no call the cops on him. He promised he’d fix my truck. I got a picture of his license and tag number and phone number. Now he refuses to answer my calls or text. What could I do

Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2023

Your inquiry raises a few legal issues due to your decision to drive without insurance. One is, can you sue in small claims court (which takes cases for maximum $8,000), even though you were uninsured at the time? You probably can do that if you are able to present either a repair bill (with your... View More

1 Answer | Asked in Car Accidents, Gov & Administrative Law and Contracts for Florida on
Q: Does the FL 627.7288 mean that the deductible doesn’t apply for the rear windshield as well?

My dad’s back windshield was hit by a fruit or a rock or something and it was smashed. He called the insurance and they said they would cover it if it was the front windshield but because it is the back the back then the deductible still applies. I was reading the law and it says motor vehicle... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 18, 2023

Good question. That section reads as follows:

627.7288 Comprehensive coverage; deductible not to apply to motor vehicle glass.—The deductible provisions of any policy of motor vehicle insurance, delivered or issued in this state by an authorized insurer, providing comprehensive...
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1 Answer | Asked in Car Accidents for Florida on
Q: Am I liable if I drive someone else car with their permission and damage it in Florida

I paid someone to use their car and I got a flat tire. They are saying I damaged the the rim and interior of the car. Am I liable for the damages? I didn’t sign any contracts

Charles M.  Baron
Charles M. Baron
answered on Feb 15, 2023

You are liable if you in fact caused the damage. Your inquiry is vague as to whether you caused the damage, or if it was instead caused by forces beyond your control, or whether you agree or dispute that it occurred while in your possession. Whether you paid them or not, and whether you had a... View More

1 Answer | Asked in Car Accidents and Contracts for Florida on
Q: Is it legal to list a fictitious address on car insurance?

Separated from husband, he just had to get new car insurance due to his accidents. He has listed a friends address as to where my vehicle is being kept., Is that legal or should I call the insurance company?

Charles M.  Baron
Charles M. Baron
answered on Feb 3, 2023

That is a matter of the terms of agreement with the insurance company, and those terms are contained in the written policy. If the address listed for the vehicle is not the correct address, that most likely violates the policy, subjecting the policyholder to cancellation of the policy. So... View More

1 Answer | Asked in Car Accidents for Florida on
Q: Can you be at fault for changing lanes when all the other cars are stopped and you turn on your signal in advance?

All of the cars are stopped and there is an open space to your left to pull into the left lane due to a gap left between a car and a truck. However, despite you already being halfway in the lane in the middle of the lane change, the truck suddenly accelerates in the middle of your change and slams... View More

Tim Akpinar
Tim Akpinar
answered on Feb 1, 2023

A Florida attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney for state-specific vehicle and traffic law, the general rule nationwide is that the vehicle changing lanes or merging has a duty to make sure it's safe to... View More

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: My wife was in accident not her fault & settlement is 25k 8,333 att fee 521 cost 5,223. Med Net 10,900

Is this normal?

Charles M.  Baron
Charles M. Baron
answered on Jan 27, 2023

I think you're asking if the disbursement amounts are normal, rather than asking if the gross settlement amount of $25K is normal. Either way, a lawyer would have to review the matter to tell you if the dollar amounts are as they should be. Regarding disbursements, GENERALLY: (A) the... View More

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1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: See below

There was an auto accident in our HOA. A resident (not me) hit a person on a bicycle. Our security company, under contract, is supposed to ask for ID for any person coming in the community day or night and any guest must be authorized by a resident to come in. We also have a sign that says no... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

a. You should ask the local police if they can and will prosecute the cyclist.

b. The resident driver's liability insurance company might be able to sue the HOA and the security company if the carrier is obligated to pay damages to the cyclist.

c. The cyclist is probably...
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1 Answer | Asked in Car Accidents for Florida on
Q: Hi. I received a demand letter from an injury attorney, I was involved in a 5 mph accident. What can I do? Thank you

I only hit the other vehicle by accident at 5 mph, but they are claiming injuries. About the demand letter, what can I do. Any help is appreciate it

Charles M.  Baron
Charles M. Baron
answered on Dec 23, 2022

If you have auto insurance that includes bodily liability coverage, you have the option of giving the letter to your insurance company, and they must handle the matter for you, including providing legal representation free of charge to you. If you don't have that coverage, a good option would... View More

3 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Dec 7, 2022

Given the limited facts you provided, you should claim work comp benefits. You may also have a liability claim against the at fault party. Under Florida Law, you have 30 days to provide notice to your employer. If your employer was aware of your accident and that your missed time from work for... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 8, 2022

Because you were injured while on the job, you have a Worker’s Compensation claim, as well as a third-party claim against the other driver, if he was at fault. Retain counsel on contingency fee, which means you don’t pay anything unless you win.

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3 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2022

Yes, workers comp is for on-the-job injuries. You were driving as part of your paid duties, so you were on the job. But if the accident was the other driver's fault, you can also set up a claim with that driver's insurance and, if necessary, sue the driver (and owner, if different from... View More

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1 Answer | Asked in Car Accidents for Florida on
Q: Does a person involved in a car accident that was not driving or owned the car have to do a EUO
Tim Akpinar
Tim Akpinar
answered on Nov 29, 2022

A Florida attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney on state-specific insurance law, the general practice nationwide is that carriers are permitted to conduct EUOs, or Examinations Under Oath, as part of their... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Florida on
Q: Who is liable for damages? Was she even suppose to be driving the vehicle without having general tags or temps on?

My husband was just in a car accident in FL with a driver that has NJ dealer tags on them, which she is not the owner nor dealer.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 1, 2022

Your husband can pursue a case against the driver and the car owner under the Dangerous instrumentality doctrine. Retain counsel here in Florida on contingency fee, which means your husband doesn’t pay anything unless he wins the case.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Accident auto, I accidentally hit back of Truck in Tennessee last yr. I've been served a cival summons. So need help.
Charles M.  Baron
Charles M. Baron
answered on Oct 26, 2022

I assume you were sued in Tenn. If you had insurance to cover your liability, the insurance company must provide you with an attorney free of charge. If you did not have coverage, you need an attorney who is licensed in Tenn. You can try the Justia Find a Lawyer tab or contact the Tenn. Bar... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I WAS IN A CAR ACCIDENT JULY 17, 2022 IS THERE ANYTING I CAN DO? THE ACCIDENT WAS NOT MY FAULT.

I WAS IN A CAR ACCIDENT JULY 17, 2022, I WAS NOT INJURED PHYSICALLY, BUT I HAVE GONE THROUGH NOTHING BUT MENTAL FRUSTRATION SINCE. I HAVE STATE FARM INSURANCE WHICH COVERED MY CAR RENTAL OF $1000, THEN ALLSTATE'S CLIENT THAT CAUSED THE ACCIDENT HAS TO PAY UNTIL MY CAR IS REPAIRED. THE PROBLEM... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2022

Your inquiry is vague regarding "Allstate's client" being responsible to pay. I assume you mean Allstate's insured (the at-fault driver), but he/she would not be personally responsible to pay unless his/her policy limits are reached. Allstate itself is responsible to pay up to... View More

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2 Answers | Asked in Car Accidents for Florida on
Q: Am I liable for damages in a car crash if I was not driving?

I own the car that was driven by someone else, who caused and was cited for a moving violation in the crash. I was not present. I did not give permission for this driver, but the person (minor, non-owner, passenger) listed as primary driver on the insurance policy did. No one was injured, but minor... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 11, 2024

Yes in Florida, the owner of a car is strictly liable for damages suffered by a third party caused by the operator of that owners vehicle.

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