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Frequently Asked Questions

Auto Accidents  /  Motorcycle Accidents  /  Medical Malpractice  /  Nursing Home Abuse  /  Slip and Fall/Premises Liability Claims  /  Product Liability  /  General

Practice Area:

Auto Accidents

Question:

Am I liable for damages to my employers car because of a rear end car accident while I was using the car on my employers business?

Answer:

Well, actually, you’re not responsible for the damages obviously if you’re not at fault. But if you’re at fault, you maybe liable and also your employer maybe liable. This is a fairly complicated area of the law because of the employer status. In this case, you actually should see an attorney to check it out.

Question:

Am I required to buy auto insurance in Florida if I own or lease a car?

Answer:

Well, all you have to actually carry is personal injury protection coverage which provides up to $10,000 for your medical bills and property damage to repair the other car you may damage. That’s all your required to carry, but that doesn’t provide anything to protect the other person you may injure. Likewise, if someone runs into you with the same coverage, there’s no insurance for them to protect you for your injuries. Really, we feel the most important coverage you can carry in Florida is uninsured, underinsured motorist coverage. To answer your question, the only thing you need to carry is what they call PIP and property damage.

Question:

Are punitive damages available in a Florida auto accident case?

Answer:

And the short answer is yes, it’s for outrageous behavior which is to send a message to the public that this will not be condoned. An example would be a drunk driver or someone drug impaired. In those cases you can claim damages.

Question:

Are there alternatives to going to court in a Florida auto accident case?

Answer:

Well, when the cases are worked up properly many cases will settle prior to the filing of a lawsuit. Even when a lawsuit is filed less than probably 3% ever go to trial because if it worked out properly, they’ll be resolved in a mediation or an arbitration. Generally, you will get your case resolved without going to trial.

Question:

Can a passenger recover damages for injuries caused by the other driver in a Florida auto accident case?

Answer:

Yes, anyone who’s injured in an accident can bring a claim against another driver, who’s at fault. Of course there may be other issues involved because usually there’s more than one vehicle and that maybe comparing negligence and things of that nature. Again, sometimes it’s complicated. Sometimes, it needs the advice of an attorney.

Question:

Can a spouse in a Florida car accident recover damages for injuries caused by the other spouse?

Answer:

No, they can’t. It’s against public policy. They don’t want to have a situation where spouses are creating fraudulent claims. Also, it interferes with the marital relationship, so it’s banned in Florida.

Question:

Can I be found to have been partially at fault for my injuries caused by a Florida car accident?

Answer:

The simple answer is yes. In Florida, we have comparative negligence, which means, to the extent that you are a percentage at fault in causing a collision, or causing the injuries, your damages are reduced by that percentage.

Question:

Can I handle my car accident injury case without an attorney?

Answer:

Yes you can, but you’re more likely to get a better result if you check with an attorney. At the very least you’ll find out what your rights are and what the laws are in Florida before you proceed.

Question:

Can I be found liable in Florida if my car was rear-ended in a crash?

Answer:

Generally not, although it can happen. If the vehicle was stopped too quickly for no reason. Of course we do have comparative negligence in Florida. You look at both parties to determine who is at fault and what percentage. Sometimes it can be complicated.

Question:

Can I choose my own repair shop following a Florida car accident?

Answer:

Well, in an ideal world, you can. But some insurance companies, if you don’t use the collision companies they have, they won’t warrant repairs. You got to make that decision on individual basis as to whether you want to go wherever you want to go or go where the company will warrant repairs.

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