Legal Question in Personal Injury in Florida

Action for Car Damages after its sold - Fla.

The plaintiff sold her car and signed over the title on JUly 7, 1997. Since she no longer owned the car prior to any court action, is she intitled to damages?

Yes. The damages would be limited to the difference in the sales price that the vehicle would have brought before the accident and what it sold for, as well as any loss of use, if any.The plaintiff has four (4) years to bring suit. It makes no difference whether the car is still owned by the plantiff. For example, the car could have been totalled. You couldn't expect the plaintiff to keep the wreck and incurr storage charges just to have the right to file suit. The plaintiff has to mitigate damages and not increase the damages.Notice is not required to file suit. You get the notice (surprise) when you get the suit.Turn the papers over to your daughter's/your insurance company. Everyone who drives a car in Florida is required to have insurance and it should include liability coverage to cover this claim.

I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.

Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.

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