Florida Car Accident Legal Questions

Unfortunately - that is life - its not fair and there is not a remedy for every wrong in the world. Here your remedy is against an un-insured driver and likely a far under insured parent even if there was some challenge to the exclusion with little expectatn of actually seeing any money let anlone enough of it to make you remotely whole. Equally, some fault for your situation will lie with you not investing in proper insurance to protect yourself against such potential events as they are common place in Florida. Thats all water under the bridge however - on all counts. Lawyers won't spend thier money and time chaing after such a defendant only to have him file bankruptcy and leave the lawyers unpaid for thier efforts. ... Read More

Absolutely. Be sure to seek medical attention within 14 days or else be precluded from accessing your PIP benefits under the new rule. Hire counsel to handle all steps from A to Z to maximize recovery of the other drivers liability benefits. Also, take pictures of your auto to show how damaged it is.   Stephen Black You Pay Nothing Unless We Win... Read More

and this is why I seriously think society needs to rethink the casual social acceptability of "shackin up" Whether its establishing common law marriage and palimony, social licensure, education to discourage it, social shunning, some form of illegality, etc. forums such as AVVO and othse similar sources are just filled to the gills with what are the equivalent of divorce issues without the formality, guidelines or effective means of resolving diputes. First and foremost, if you are not married, DO NOT comingle your finances, do not move intogether, and do not have joint ownership ofanything you can't walk awway from, (especially pets) regardless of how much "you loves you some him" or him you.Second, in this instance, if he is on the title, a duplicate title simply means he has equally full ownership of the car as you. NO he cannot have you arrested for having your own car - HOWEVER - you now get all the legal problems of his ability to sell the car, trade it in or get loans against it and if he causes an accident while driving it - you guessed it you get sued for all the damages too, so you will need to keep it insured at your expense and his benefit to keep that from happening. In the mean time, you wil lneed to retain a lawyer or contact legal aid to sue him to recover the vehicle and see if the court will order a partition and sale or have him removed from the title if you can show he had no actual or intended interest in the vehicle. If the car is financed, you can see if they will repo the car and then refinance it only in your name. ... Read More

Sorry to hear about the accident. If the vehicle owner did not have insurance, see if the vehicle driver was different. If so, see if the vehicle driver had insurance coverage. If not, see if your own vehicle has collision coverage. If so, you may be able to get the car repaired. If you have a deductible, you can send a demand to the at-fault party to see if they will reimburse you. Your own insurance may also try to subrogate, meaning they may go after the at-fault party themselves to get their money back. You can see if they would include your deductible as well in their efforts. If you had no coverage, and the at-fault party has no coverage, then you can try to work it out with the person directly. If that fails, you can file a lawsuit against the at-fault party to try and get your money back.... Read More

It depends on the case. If the injured person had an attorney, it may be made out to the attorney's trust account, or the injured person, or the injured person and the attorney. If there was a potential for a consortium claim by a married, injured person, then the spouse's name may also appear on the check. If the injured person was a minor, then the guardian may be on the check. If the Plaintiff was deceased, it may be made out to the Estate or the personal representative. Sometimes insurance companies may split checks, with some money going directly to a medical provider or to reimburse a health insurance company. Lots of factors to consider as to who a check is made out to following a settlement. Hope this helps!... Read More

As long as the other vehicle stopped and was on scene when the police got there, their information should be on the police report. Generally, the police report will have the vehicle owner's name, driver name and address, insurance company and policy number, and vehicle information, like their license plate number and vehicle identification number (VIN). To get a copy of your police report, you can either go online if they gave you a report or access number, or contact the police department. Often, you can go to the police department directly to get a copy, or they can mail you a copy. There are different types of police reports in Florida, including a Driver's Exchange and Long Form. The Driver's Exchange may have the information you are looking for, and could be ready fairly quickly. Best of luck! Jason Turchin... Read More