Legal Question in Traffic Law in Florida

hello,

My wife was involved in an accident where she was hit by a car from behind. The car that hit my wife (from behind) also got hit by another car from its behind. My wife's car had very minor damages on its back and the car that hit her from behind had damages both to the front and its behind and the third car had damages to its front. My wife had slowed down as there was an accident being cleared at the site and so there was a traffic cop at the location already. At the time the cop had decided to give my wife a ticket for stopping improperly. Also the cop had told my wife that she will not be responsible for any of the damages.

My wife contested the citation in court and lost. Later it was found that the third car was driving with no insurance. Now the car that hit my wife from behind has approached my wife's insurance to cover the damages as my wife was found guilty of the traffic violation. My wife's insurance has denied this claim and now the legal firm representing the driver that hit my wife's car has contacted us to pay for the damages.

Kindly advice on how to handle this situation.

Thanks.


Asked on 7/10/10, 4:48 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Since you must not have gone to court without an attorney on the traffic ticket, you should talk to your attorney, you should appeal if 30 days have not gone by. If you were crazy enough to represent yourself on the ticket, then you need to get yourself an appellate attorney. Just because you may have been found guilty on the infraction does not mean anything (or very little) on who is responsible for the civil portion of the claim. Again, talk to an attorney to handle the civil portion. Your insurance company may be able to supply you with one.

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Answered on 7/10/10, 6:41 pm


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