Melvin Bowen Wright's Answers

I was in a car accident and was not at fault. Can I sue?

Yes, you can. But the real question is: To what are you entitled, if you do. In Florida, you can recover primarily medical expenses, wage loss, and, in most cases, you can recover money for pain and suffering, disability, disfigurement, scarring, permanent physical impairment, and permanent injuries. Knowing how to prepare and prosecute your case and what your case is worth is where you need a skilled and experienced personal injury and civil trial attorney.

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My husband was in an auto accident,the driver ran a stop sign and had no lisense.is it worth going after the insurance company?

A qualified and experienced attorney needs to review the case and all the facts surrounding the accident. Despite the driver being unlicensed, there could be a basis for recover of liability insurance or other insurance benefits that may apply to the situation. Get a free consultation with a skilled attorney to discuss the case.

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Didn,t know the car wasnt insured

If you didn't own the car you were driving, I don't believe you have an obligation to have PIP or the required property damage coverage on it. But you should report the accident to your own insurance company who MAY have an obligation to insure YOU for the accident and any responsibility you may have, within your own coverage, including property damage.

I was rearended, and the other person was at fault..My car might be totaled, can they be held responsible to pay me the balance?

Lars is correct. You may be entitled to a little extra compensation for "loss of use" during the reasonable period of time to allow for repair, but otherwise, what you owe on the car is immaterial to a determination of the other driver's liability, which is fair market value at the time of the accident.

FL personal injury law, what can I do to change my statement that I was not at fault

Generally, your statement to the officer is privileged in most cases and not admissible in evidence. In a civil injury case, even if you pay the citation, that fact is inadmissible in evidence, as a general rule. I don't believe here is any way, procedurally, to change the accident report, but there is no real need to do so. You can go fight the ticket if you want to, and that may help in certain civil matters, like injury or property damage claims negotiations.

FL Car Accident, Personal Liability

A police officer's finding of who was at fault and his issuance of a citation is NOT ADMISSIBLE in any civil case. Moreover, the citation can be fought in traffic court. So, just because the officer cites your parents, that doesn't mean they will be found at fault by a jury hearing any civil case, whether it is their case or one of the passengers' cases. If your parents are injured, they have a potential claim that can be investigated as against the other driver or drivers, notwithstanding...