Joseph Isaac Lipsky's Answers

I was in an accident and was cited for carless driving. But I had the right of way

We certainly agree that you should retain a traffic attorney to help you defend the ticket. As for your property damage, if you are correct that the other driver has no insurance, you will have to process your claim with your insurance company, assuming you have collision coverage. The police officer should have also given a citation to the other driver for not having insurance. If the officer did, you should appear at that driver's traffic court hearing and request the Judge suspend the...

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Will attorneys take a litigation case on contingency fee basis

Assuming your case arises out of some type of accident, it is a certainty that most every attorney would represent you on a contingent fee basis, as that is the standard for such cases. However, if the issue requiring litigation arises out of another type of situation, you will have to discuss the exact facts and possible recovery with which ever attorney with whom you consult.

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Police report was wrong, Insurance company refusing to pay. What recourse do I have?

It is not unusual that an accident victim is subjected to dealing with an inaccurate police report. That is wh y it imperative that you consult with an attorney who may be able to further investigate the matter to verify any evidence which may contradict the police report.

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An uninsured driver hits me and i have only liability insurance

If you are certain that you don't have uninsured motorist coverage, a fact you can only definitively know for sure if you actually signed a written rejection of uninsured motorist coverage for on a required form, then you're only recourse would be to notify the state that the person who caused the accident did not have insurance. Such notification, if accurate, will cause that person's license to be suspended until they pay for your property damages.

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If the title states two names with or not and. Who would be resonsible if an accident accurs with the vehicle?

Under Florida Law, the owners of a motor vehicle are jointly liable if the driver of a vehicle causes an accident. As such, everyone listed on the title of a motor vehicle in the State of Florida shares responsibility for an accident. This is known as the dangerous instrumentality doctrine.

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Do I have to pay for the other person damages after being found not guilty in court?

There is a difference between civil and criminal/traffic court. While the traffic charges against you may have been dismissed, that has no bearing upon your possible civil liability. Pursuant to Florida Law, all owners/operators of a motor vehicle are required to have $10,000.00 of property damage coverage. Assuming you carried the state mandatory insurance, then you should direct the other person's claim to your insurance company.

I left the scene of the accident where a car swerved off the road and didn't hit me. What is going to happen?

Considering you admitted to pulling out in front of the other vehicle, we strongly suggest you hire an attorney who specializes in traffic tickets to assist you when you appear in court.

Should i release my car to the insurance company following an accident before they do anything

Under florida law you have an obligation to mitigate your damages. As such, if the insurance company is willing to have your damaged vehicle released to them, it would appear that they are accepting the responsibility to repair your vehicle. So, we would certainly recommend you discuss your situation with an attorney, as most situations are different.

My son was involved in an automobile accident on 8/1/10. What is stat of limitations in Florida to file suit ?

Florida provides a four (4) year statute of limitations for personal injury cases such as the one in which your son was unfortunately involved. Given the facts as you describe, your son and his girlfriend have the right to bring a claim, and if necessary, a lawsuit against the owner and driver of the vehicle which caused the crash. Both your son and his girlfried have the right to be compensated for their injuries, including their pain and suffering, as well as, for any unpaid medical bills...

What liability does the titled owner of a car still have when the car is used in a hit and run?

Assuming that the vehicle was in fact stolen, then the rightful owner would probably not have any legal liability for your collision, although there are some exceptions to this rule. However, if you have insurance coverage on your own vehicle you may be able to seek reimbursement for some of your out of pocket expenses. Additionally, you may be able to contact the State Attorney who is prosecuting the person who stole the vehicle and ask them to get you victim's compensation. Regardless, as...