Matthew Douglas Powell's Answers

Is the parking lot responsible for car property damage while parked in the garage, the garage had 2 security guards at the site?

The simple answer to your question is Yes. Business owners have a duty to make sure that the premises is safe. They must provide some sort of security to prevent criminal behavior that they know or should have known about. The key to your answer is did the business know before your car was vandalized about prior criminal activity in and around their business? If they did know, then they must take some reasonable steps to prevent future criminal activity. I see this most often in...

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Do I have a better chance of receiving damages if I'm in an accident with a commercial truck?

There are three main parts to every injury case. The first is Liability or fault. The second is Damages or Injuries, and the Third is how much Insurance is there to pay for the Damages caused by the fault of the negligent person? To answer your question about commercial truck causing an accident, you are probably better off since most commercial vehicles carry more insurance than many private persons.

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Is a car wash responsible for damage to my truck

Yes, they are responsible. They have a duty to perform the service of washing your truck in a non-negligent manner. If you can show that their lack of reasonable care was the cause of the broken rear window, then you should be able to recover for your loss. You can file a claim in the County Court, and if the damage is less than $2,500.00 you can file in Small Claims Court. If you use form number 7.330, it will help you. Form 7.330 is in the Small Claims Rules, forms section in the...

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Can we sue the negligent party's auto insurance company in Florida for damages beyond the policy's $100K maximum?

You have asked a very good question. The answer is some what complicated, but here are the basic things you need to know. Yes, you can sue the driver for more than his policy limits, but you may not collect much more than the policy limits because, he can file bankruptcy and discharge the debt he owes you. Now, there are situations where the other drivers insurance company may not have acted in Good Faith. If the other drivers insurance company did not offer to pay you the policy limits (...

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Can I recover monies required for clean up and lost property due to water damage

You need to organize and document all of your losses. Take good photographs of the damages, the more the better. A video may even be helpful. Then you have to organize and quantify all of the clean up costs. Get estimates, or save all of your receipts and bills. As far as damaged property, you need to document what was damaged or destroyed, and the value of each item. For example if a television was ruined by the water, the responsible person or city should pay you the value of what your...

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Does the driver that caused a car accident and was at fault have to pay for my damages in injuries even though I am not insured

The answer to your question is yes. Despite not having your own insurance, the bad driver, and her insurance company are still liable to compensate you for your losses. Make sure you get to a doctor, and contact a good personal injury lawyer in your area for help.

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What steps can I take if I was in a car accident with no insurance, and the other party was at fault and has insurance

Your question is a good one. The fact that you did not have automobile insurance at the time of the crash will not affect your right to recover for your injuries. You should go to your doctor for treatment, and you should hire an experienced personal injury lawyer to guide you through the process.

Is it worth it to settle or to not settle and keep receiving medical coverage from my and the at fault drivers insurance?

You should talk to your lawyer before making any decisions. Make sure that your lawyer is experienced in handling personal injury cases. Make sure he is comfortable trying your case if the insurance company does not make you a fair settlement. Also, it seems too early for you to be talking about settlement. You need to know what all of your injuries and conditions are before you can consider what is a fair value. You aptly pointed out that this may affect your ability to work, your...

Can my wife be sued also

The law in Florida basically says that the Owner of a vehicle is responsible for any negligent operation of the vehicle. From the facts that you have provided, it would appear that your wife should not be sued, or liable for injuries caused by your adult son. In Florida the doctrine is called the "Dangerous Instrumentality Doctrine." Which is followed in Florida for the reasoning that a car is a dangerous instrument, and the owner must be held responsible for any negligence in the vehicle's...

What is the process under Missouri personal injury laws for filing a claim against other driver's insurance

The first thing you need to know is what are the policy limits of the girl who flipped the car. The next thing you need to know is whether there is any other insurance to compensate you for your loss. For example, who owned the car, is there insurance. And it would also be very important to know why the car flipped over? Was there a defect in the car? Was there some other cause for the crash? Who else might be responsible for your losses? Your injuries are obviously very bad. It will...