Legal Question in Personal Injury in Florida

We live in the state of Florida. My son had an accident and he was at fault. We had an insurance lapse 2 weeks before the accident. I lost my debit card, had it replaced and the insurance company couldn�t bill. I was irresponsible by not opening the mail to see that they were cancelling the policy for nonpayment. My son took the car and he didn't know about the insurance lapse. He hit another car and the owner happened to be a lawyer. He gave him the insurance information because he didn't know it was cancelled at the time. Police were not called and no report was made. My son said the damage was a dent to the side of his car and there was no damage to my car. The lawyer is threatening to file a suit unless we pay $2000.00. At first, over the phone, he said the estimated damages were about 800.00 to 1000.00. Then, in an email he said estimates were for around $1200.00. He wants the extra money because my son did not return a phone message to him. I asked him to send me a bill so I can see the actual damages or any estimates and he said that he has not yet had the damage fixed because he wants to also have it painted. He wants $2000.00 and is threatening that if we don't pay he will file suit against my son (21 yrs old) and make him pay at least 3 times as much. The say's that this is a fight that he will win and it will cost us a lot more than just giving him the $2000.00 now. He threatened that he will have his license taken for up to 20 years until he pays the judgment. This is all in e-mails. The car is owned by me and registered by me (I'm not sure that the lawyer realized this) My husband recently, passed away suddenly and I now support the household by myself with my 2 oldest attending community college, so I really don't have an extra $2000 for this. Any advice would be greatly appreciated. Would the other driver be required to used uninsured motorist coverage if he has it?


Asked on 12/04/10, 1:03 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

If this lawyer thought he had a case, he probably would have filed it by now. You raise excellent points about "no-fault" insurance, and uninsured motorist coverage. It's significant that the attorney failed to call the police, if he sustained damage to his vehicle. You would be smart to print, and save hardcopies, and save an electronic copy of all of the emails from this lawyer. Hopefully, he will send you more threatening and detailed emails, such as "he wants to have it painted" before sending an estimate. Save these emails, record and save any voice mail messages.

It is not likely to benefit you to have any further phone discussion or respond to his email. (anything you say, can and will be used against you)

If you really want to respond , you may want to send this: (just click and drag to copy the following paragraph, then paste it into a word doc, or into your email)

The Florida Bar's lawyer discipline system protects the public by providing a means to address lawyer misconduct. http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/c5b7d247a0c9c45a85256b2f006c6186?OpenDocument#WHO REGULATES THE CONDUCT OF LAWY

Your awareness of this website should get his attention. If you have further problems, you may contact me.

Read more
Answered on 12/09/10, 2:01 pm


Related Questions & Answers

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