Has anyone ever been successful in bringing a civil lawsuit against the DMV? Particularly a wrongful death suit?
5 attorney answers
I'm very sorry to hear about your sister's husband. What a horrible tragedy.
Unfortunately, although you make great points, going after the DMV is a dead end legally, for a list of reasons. For one, the state has all kinds of laws protecting state agencies.
The bigger question is whether your sister or her husband had any additional insurance policies that might have covered this accident. I'm assuming you would have known if they did, but that's definitely worth double-checking. Sometimes we also look to whether the defendant driver had an employer (or significant assets -- but the assets went away as an option when your sister signed the waiver to get the 60K). Employment seems unlikely with a 93 year old man.
Sorry we can't be more helpful.
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Unfortunately, this would not be a successful claim against the DMV. They are simply following the statutes. Your sister would have been better protected if they had purchased significant uninsured motorist coverage. It is 1 of the most required coverages in Florida due to the fact that many people drive with no insurance or the state minimum.
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Please focus on the case you do have. The 93 year old woman may be a fault. Get to a personal injury lawyer quickly
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A creative lawyer can look for additional sources of recovery that should be explored. for example if the 93 year old man was given any prescription drugs that his doctor knew would lead to this type of accident, the doc may be liable 2nd .if the 93 year old man was a resident at a nursing home that should not have let him drive (yes some nursing homes do have the right to control their residents) then the nursing home may be liable,..discuss with counsel here in Florida.
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Sorry this is a political issue not a legal one. You seem to forget that the State doesn't have an infinite money machine in a bunker in Tallahassee to print money to hand out on demand, it comes from the tax coffers. For that reason we have sovereign immunity laws. While I agree with your point, the solution lies with the legislature not the courts. You may want to focus your efforts there.
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