Car Accident Legal Questions

OK so the first thing you should do is to turn the matter over to your automobile insurance carrier. They will defend the action as well as provide coverage in case the case is tried to verdict or it settles before that. As far as who is at fault for the accident, you would have to read the police report, and any witness statements that are attached there too. As a party to a car accident, you have the right To get a copy of the police report.... Read More

What you are describing is a claim of negligent entrustment.  It makes no difference who insures the vehicle.  Negligent entrustment is a claim against the person who owns the vehicle.  My recommendation would be to either title the vehicle in you daughter's name only or, at least, add her name to the title.... Read More

This case is not just a plain auto accident case.  It might involve governmental liability, especially if the person driving the transport was wholly or partially at fault in the accident.  The rules and procedures regarding governmental liability are a bit different than an accident involving civilians.  Just call an auto accident attorney and get a free consultation.... Read More

If your husband was in an automobile accident, he should seek medical attention immediately, and then retain a personal injury lawyer here in the state of Florida. Some of us handle other issues that relate to the car accident ,gratuitously, like the issue that you face, in addition to recovering the maximum amount of money for the damages that your Husband suffered. So what you need to do is to research lawyers on this website here in the state of Florida and then Select a lawyer who you feel comfortable with. We are not allowed to solicit your case, so it is up to you to do the background search and then select one of us. Good luck... Read More

In Florida, the owner of a vehicle is primarily responsible for damage it causes under the Dangerous Instrumentalicy Law. So, Yes, they can sue you. However, if you loaned it to your grandfather, and he then loaned it to another person without your permission you have a defense, but since you didn't have it insured, you will be defending yourself. ... Read More

OK so you have within 14 days of the accident to seek medical attention or else you will forfeit your personal injury protection benefits. You may have a claim against several people. First you have a claim against the driver if he was negligent and you have a claim against the driver of the other car if he was negligent. Florida is a comparative negligence jurisdiction meaning a jury will apportion fault based on the percentage that each tortfeasor was responsible for. You should discuss your case in private with counsel on a phone call here in Florida.... Read More

Florida is a comparative negligence state, meaning that both parties can be assigned fault for the accident in the absence of clear evidence to the contrary. Given the low policy limits and the injuries to each party, your son should retain counsel to file his own claim agaisnt the other driver for your son's injuries. The other question is whether he has to file an affidavit of net worth and income. That should be discussed in private with counsel here in Florida. ... Read More

This is unlikely. Its a fair bet that they tell you where you CAN'T walk your dog outside of a designated "dog poop zone" not that you MUST use the median. That stated - NO you can't sue, because you are an adult and should know better than to risk yourself or you animal geting hit by a car to poop. There are likely dozens of other locations to curb your animal. ... Read More

Sorry to hear what happened to your fiancé.  If the cab company owned the vehicle she was driving at the time of the incident it might be vicariously responsible for the other passenger's injuries.  Of course, if the cab company did not carry insurance that might not make a difference.  Also, if the cab company is in the business of renting or leasing motor vehicles it might not have any responsibility under the Graves Amendment, a law passed years ago by Congress which curtailed the liability of rental car companies and which has been applied to cab companies.  Your fiancé might want to advise the attorneys for the passenger that she has no insurance.  Most attorneys do not want to chase after someone's personal assets and would choose to file a claim with MVAIC.  Finally, generally speaking, a public defender only helps someone who cannot afford a criminal defense attorney, not a civil defense attorney. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

Mr. Cosselmon, so sorry to hear what you went through.  Unfortunately, the statute of limitations on personal injury lawsuits in New York is only three (3) years, which means you had until 1988 in which to bring a lawsuit. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

You should be able to sue them if the accident was caused during improper use of the car, that was not necessary for purposes of the repair; or if they negligently gave control of your car to someone who was irresposible.  Your damages might only be worth pursuing in small claims court though.... Read More

Your car is worth what its worth and the insurance carrier is not obligated to pay your loan value if you made a bad financing deal. Your only fight here is over the actual market value of the car, but you will have to prove its worth more if its totalled, as it seems. They only pay lienholder alone when its totalled. ... Read More

Trying to predict an outcome of a case is difficult.  Especially with only a small picture of what transpired.  It sounds like your insurance company is already defending the lawsuit.  You can speak with their attorney for some guidance.  If you have concerns, you can always hire your own attorney.  Overall, the breadth of things to discuss are beyond the scope of this forum. Best of luck.... Read More