Florida Car Accident Legal Questions

Hello.  Technically speaking, anyone can sue anyone else, at anytime, for just about anything, as long as the aggrieved person files their lawsuit within the statute of limitations (which is the deadline for filing a lawsuit). In Florida, for most accident cases involving injuries, that statute of limitations is 4 years, or 2 years if the claim is wrongful death. BUT that can vary depending on the facts, so you need a lawyer to evaluate the specific facts to determine whether the statute was met.  The court can dismiss frivolous cases, but that usuallly requires an attorney to make the argument to the court, and likely wouldn't apply in an accident case, as long as the accident actually happened. But there is some likely good news for you. In most cases, car accident lawyers are looking for insurance money.  Unless you have a LOT of assets, which would likely be collectible (meaning: not subject to potential bankruptcy or other debtor defenses), then most personal injury and accident lawyers would have no interest in pursuing any case against you.  Now, you would still be the defendant.  But they are really seeking your insurance company's money.  That's why it sounds like they have asked for your insurance information. So I would recommend giving them your insurance information, and not worrying more about it.  Worrying never helps anyway.  You should consult a lawyer if you have any assets that you do not want to lose, however.  Just to be sure. As ffar as your license being suspended, I don't know anything about driver's license laws. But I would check with your DMV to ask them what you can do, to get your license re-instated.  A traffic ticket lawyer might also be able to help or provide some guidance. Best of luck to you!   Tina Willis Law - Orlando Personal Injury, Car & Truck Accident & Medical Malpractice Lawyer 390 N. Orange Ave., Suite 2300G Orlando, Florida 32801 (407) 803-2139 https://injuryattorneyflorida.com https://wrongfuldeathattorneyorlando.com... Read More

The company might be responsible.  But what damages have you suffered?  The available damages in accident cases generally are: lost wages, medical bills, and pain and suffering.  You don't have those.  Personal injury lawyers only accept cases on contingency that involve injuries, because those are the only cases that involve payment.  You may have some sort of breach of contract or warranty claim against the company, but pursuing that sort of case would require you to hire your own attorney, and pay them.  My guess is that the damages available (like repairing the air bag) wouldn't justify you spending money on a lawyer.  Have you tried contacting the company and asking them to repair the air bag?... Read More

First, from a practical purpose, confronting the individuals at issue was a very poor choice whether its an opporuntity to "advise them of a poor decision or not" as this is how conforntations esclate into chalk lines. Second, be careful posting videos on social media or contacting employers as you may find yourself gettin sued should you get what you want such as them getting fired or the company losing business. Third, its a grey area under Fla. Stat. 934 to record an audio with a cell phone video. Social media does not provide a cloak of immunity. Your better bet would have been to document the offending event and turn it over to law enforcment. Other than that- unless you want to spend an inordinate amount of money out of pocket to make a point somehow, there is no viable claim or lawsuit for following you home and some aggressive body language.... Read More

Products liability cases (which would be the airbag claim) are very particular so its not surprising that they wouldnt handle that specifically, but it is surprising that they wouldnt refer you to someone who handles these or at least help facilitate the process. I would speak to your attorney and see if they have recommendations or will at least help you. If not, you may want to think about hiring another lawyer...... Read More

If there was insurance coverage, then they will hire a lawyer to represent you (and your ex, as both owners of car will be sued if they havent already), and cover any damages owed up to the policy limits. Put the insurance company for the vehicle on notice immediately if you havent already. You may have to fill out the affidavit eventually, but the lawyers are looking for insurance coverage, not to try and collect from someone with no assets. Good luck.... Read More

Inform your insurance company, and tell the lawyer to follow up with them. I take  it from your recitation of facts that you dont believe you were at fault? If thats the case, and especially when the lawyer finds out you dont have coverage, he may not be interested in coming after you. Dont ignore this though. Keep up with your insurance company, and dont talk to the other lawyer any more than giving him your insurance info. Good luck.... Read More

You likely need to go through the other driver's insurance company. Most likely scenario is they paid on the claim and are looking for reimbursement, which you or owner of car will unfortunately be responsible for if there was no coverage at the time. They may be willing to take less than they paid and/or take a payment plan. Time is key as you do not want your license suspended. Unfortunate situation, but good luck.... Read More

Here is a good reference for what to do in this situation. You need to contact the DMV and work on compliance ASAP. http://www.flhsmv.gov/ddl/frfaqcrash.html Pertinent part to you is copied below. "If I cause a crash involving personal injury and vehicle damage and I am not insured, what should I do? To eliminate the possibility of suspension, you should purchase a full liability insurance policy (includes bodily injury liability) as soon as possible and advise the company that you were involved in an uninsured crash and may need a Form SR-22 (certification of liability insurance) in the future. Negotiate with each person or their insurance company to satisfy the losses they incurred. If you are unable to pay the damages in full, you can negotiate a payment agreement to allow monthly payments. Always have a document completed to legitimize the agreement to be used as proof of payments required by the department. Release forms can be obtained from your nearest driver license office. If their insurance company has compensated the person for damages, you should contact the insurance company for satisfaction of damages since the insurance company has assumed the loss. If I have obtained the Form SR-22 and the releases for damages and/or injuries, what should I do with them? When you receive an inquiry from the department requesting proof of coverage for the crash date, you may mail them to: Bureau of Motorist Compliance2900 Apalachee Parkway , Room B260F, MS-87Tallahassee, Florida 32399-0585 or take them to your nearest driver license office to avoid a suspension of your driving privilege."... Read More

A few clarification questions are necessary. Are you saying you were the driver of the golf cart and your friend was an injured passenger in your golf cart? And if your friend is suing the other driver, presumably the other driver did something wrong which caused the accident? Were you injured? There are several different scenarios here which could play out depending on the specific facts. The other driver's lawyer has the right to depose you to get your statement as to how the accident occurred (and basically anything else he wants to know). At this point, if he thinks you were partly or wholly at fault, he technically could add you as a party to the lawsuit, though he likely wouldnt, he would just blame you instead of his driver. If he doesnt actually add you to the suit but just blames you, then you dont have anything to worry about, monetarily. If you were partly or wholly at fault, your friend (passenger) could technically sue you as well. If you didnt do anything to cause or contribute to the accident, then it wouldnt make sense for him to do this, friend or not. One more thing, even if you didnt have insurance on the golf cart, you may have coverage if you have a homeowners insurance policy. If you have an HO policy, and you do end up being sued, you should notify your HO insurance company, as they may provide a defense and coverage for damges up to the policy limits. Good luck. Feel free to contact me if you have further questions. ... Read More

This is what happens when you deviate from the normal resolution and start playing lawyer. This is now a big mess where there may arguably be a settlement or at least the other person wont likely pay a second time to someone else. This was handled badly from the start and there is no easy resolution. Moreover the expense of hiring a lawyer over the value described is certainly counter productive at this late stage. Unless your son is willing to have the shop fix the car, he is likely paying for repairs himself or dealing with a controversy having made some sort of settlement agreement with the other driver. ... Read More

Do you want answers or money? Because I am hearing one but seeing the other. Answers is easy, you hire an arson/fire investigator and possibly an automotive engineer, at some expense unfortunately, andhave them examine the vehicle. They should be able to give you some answer as to what caused this to occur. OTHER than that - the abiity to recover more money is limited to the facts and the insurance coverage available. If there is no more or the facts don't support other liablities, it is what it is. You may also want to check to see if you had GAP coverage on the purchase as that is separate and you need to make a separate claim. ... Read More

You have the right to discharge counsel if u so choose. Said counsel would be entitled to a lien on the eventual settlement For any work done. It sounds like not much has been done if he hasn’t filed suit. A lot of clients dont understand that many lawyers take cases with no intention of filing suit. They would rather just attempt settlement with a non lawyer insurance rep. To take the case seriously, a good lawyer would have filed suit after 1 year if no progress is being made and your medical treatment has concluded. ... Read More

No way to tell from an internet blurb. They are likely raising an abuse or improper maintenance defense and you will have to prove otherwise with a mechanic expert, likely in a lawsuit. Depending on the vlaue of the car, you need to retain a lawyer to address this, especially if a law suit is needed. ... Read More

You can sue anyone you like.....but you are likely wasting your time unless they have the money to pay you. There is no ATM at the court house where you win and pick up your money. THAT is why insurance exists. For future reference, if you cannot accept such inconveninces, then you need to get better insurance coverage to make sure you minimize such issues. ... Read More