Legal Question in Personal Injury in Florida

To begin, in May 2009, I was involved in a collision car accident caused by a flooded lane on the Mccarther causway in Miami, Fl...the car was totaled. I was not the driver but the car was under my fathers name. The driver was my [then] boyfriend because I didn't have my lisence on me (thought I was being cautious). I did not have collision insurance and we did not involve the police for insurance reasons. At the time I was hesistant to ask my [then] boyfriend for money because I felt since he was my boyfriend I would let it slide, and he didn't have the means. I have had a on-again/off-again pain on my foot but never addressed it ever since the accident. To make matters worse to this day, I still do not have the means to purchase another car. He never paid me a dime even after we broke off last month. His single mother supports him and he does not have a job currently. I was inclined to find the possiblity in filing a law suit on him because he ended up having the means to purchase a car for himself, yet he did not have the audacity to pay me a cent for the wreck earlier in the year. HE is now suing someone else because they sold him a faulty car but yet they never once thought about me. What should/can I do? Do I have a case?


Asked on 1/04/10, 1:48 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The car is not your car so you cannot sue for damage to it. Perhaps your father could. You could sue for you r injury, but proving his negligence may be difficult and the failure to contact the police or report the accident will cause problems. Live and learn.

Read more
Answered on 1/09/10, 5:39 pm
Angelo Marino Angelo Marino Jr. PA

You would be entited to personal injury protection from you father's auto insurance and possibly and uninsured motorist claim, if your boy friend had no liability insurance at the time. Of course, as pointed out, the failure to report the accident and seek care creates a problem. But you do have the proof of damage to the car. See a lawyer. Want to know the law without going to law school? Protect yourself against ripoffs? Sign up for a free legal newsletter on various areas of consumer law by going to www.ConsumerLawyerHelp.com.

Read more
Answered on 1/11/10, 6:26 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Florida