Your insurance policy should answer your question about liability caused by third party drivers. Some policies offer lower limits on coverage for third-party drivers, other exclude them altogether. Suing your friend may not be an ideal solution, since someone needs assets to make a suit worthwhile. It is unlikely your friend has an insurance policy to cover her for this accident, although you might want to check her homeowner's insurance policy, which sometimes covers general negligence (but...
2 people marked this answer as helpful
No compensation for an injury that occurred at the gym, even though you incurred medical expenses? Sounds like you already know the answer...especially if it was the second incident. Failure to maintain property that creates a dangerous condition can be a tort. You should definitely speak to an attorney, or file a small claims court claim yourself seeking compensation for the medical expenses billed (not the co-pay, what the hospital actually billed), plus 5-10 times that for general...
1 person marked this answer as helpful
Don't know about Florida specifically, but most states only require 'notice' pleading, meaning a pleading doesn't have to contain every fact in the case, only have enough facts to inform you what you're being sued for. If, for example, the contract is described in the complaint, that could be enough. However, if you know there is no contract and the other side is just making up facts, you could try to demurrer to force the other side to more specifically spell out what their complaint says....
The bank cannot send you to jail, that is something the DA's office does. It would be helpful to know if the bank reported you to the authorities, and whether you'd been contacted by an investigator. If so, you definitely need an attorney. Otherwise, I'd advise a civil action against the person who sent you the fraudulent checks. In addition to the out of pocket expenses caused (such as the value of the cars), you could also obtain recovery for punitive damages. It would be helpful to...
An insurance company's 'duty to defend' is greater than its duty to actually pay for a claim. I would be very surprised if they did not agree to represent you, after issuing a 'reservation of rights'. Essentially, they should defend you even if they dispute coverage.