Hi, I was in a car accident on 5/1/2016 where I was stopped at a stop sign and a drunk driver hit me. the police wrongfully wrote me a ticket saying that I field to yield. The ticket was given to my father because I was at the hospital at that moment. The police officers failed to give him a DUI test and Fail to arrest him because he didn't have no form of identification, he is an illegal immigrant. The car owner has Windhaven insurance and so do I. I'am trying to fight the ticket at court, but I have to wait on a court date. Meanwhile, I don't know if i should call their insurance ( which is the same as mine) and let them know what happened and tell them to cover my damages, rental car payment ( I don;t have rental coverage under my own insurance), and the days i missed from work due to this accident. I don't know what to do and days are passing. If you can please help me. Thank you.
I am sorry to hear about your accident. You should immediately report the accident to your insurance company and give them your version of how the accident happened. They will investigate the accident to determine which insurance policy is responsible for the property damage claims that will be made in this matter. You should also consult with a local attorney to discuss your options as well, you may also have a valid personal injury claim for the injuries you suffered. As an aside - 60% of your lost wages and 80% of your medical bills should be covered by your PIP insurance - no matter who is at fault for the accident since Florida is a no-fault state.
Contact local personal injury counsel who can hep put the claim into both your insurance and the adverse parties carrier (even though they are the same).
As for the issue of property damage, you want to report it under your policy so that they can defend against the other driver's potential claim for damage. If you have comprehensive and collision coverage, you can process the vehicle repairs through your policy. (I anticipate that is unlikely given you have Windhaven Insurance however). If not, then you will need to speak to Windhaven under the other driver's policy in an effort to get the property damage claim taken care of. You may want to contact the officer to find out why you were ticketed. With regards to any claim for injuries or lost wages, it is unlikely you will be able to recove fullyr for same against the other driver as given the company, it is unlikely that there is any bodily injury liability insurance to proceed against. You can however, get your medical bills paid at 80% and your wages paid at 60% through your pip insurance on your policy. Good luck
Please be advised, this information is being provided on an informational basis only. No attorney/client relationship has been created as a result of any information provided by Lauren Calta, Esquire. Legal matters are of significant importance and the selection of an attorney is an important decision. In addition to the information provided in this response, it is always strongly suggested that you seek the advice of an attorney.
You need a lawyer to contest the ticket. It is so odd that the police would side with the drunk illegal immigrant with no driver's license.
If you were injured you have 14 days from the date of the accident to either see a doctor (MD) or go to an ER. That preserves your PIP coverage. You need to speak to a personal injury attorney today. Interview a couple and pick the one that you're comfortable with. Follow their advice. Good luck.
Hire counsel that can both fight the ticket and handle the injury claim...good luck
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
don't waste your time calling Windhaven. they are a terrible company and don't care about you. Your own insurance will pay 80% of your medical bills after your deductible. They will also pay 60% of your loss wages, but you will need a note from your doctor taking you off work. If there is proof that the other driver was drunk ( doesn't matter that he wasn't arrested) it will help your case. Contact an attorney immediately.
To add to the other answers here and your further comments: When you say no attorney would take your case, I assume you mean taking your case on a contingency (percentage) fee basis. The alternative is paying a lawyer up front, AT LEAST for a consultation to guide you through the process of self-representation. If you end up getting a money judgment against the wrong-doer based on bodily injury, and he fails to pay it, his driver's license can be suspended. May or may not get you anything, but that would be your only shot if he did not have liability insurance and you did not have uninsured motorist ("UM") coverage.
This information is being provided for educational/informational purposes only and is not to be taken as legal advice or to establish an attorney-client relationship. Reliable legal analysis and advice cannot be given without a personal consultation with an attorney. Avvo.com doesn't allow attorneys to solicit or initiate direct contact with questioners, but you may initiate contact with attorneys answering questions by calling or emailing. At Charles M. Baron, P.A., we represent people and businesses in a variety of claim/lawsuit/litigation, criminal law, and administrative areas, including accidents & negligence, civil rights and constitutional law, police misconduct, discrimination, employment matters, and land use & zoning issues, as well as general legal counseling. Mr. Baron is also a Certified Circuit Court Mediator.
If you were injured: You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Contact counsel. They will deal with the insurance issues so you don't have to. An attorney who does both criminal and civil can handle the ticket and your insurance claim.
Please be advised that nothing in this posting is meant to supplement the advice of an attorney and The Law Office of Robert J. Lee, P.A. and/or Robert J. Lee has not undertaken any professional responsibility with regard to your case unless otherwise agreed. RJL is licensed to practice law in FL and MA, but no other jurisdictions. Nothing stated herein should be implied as legal advice.
You can file the claim, but do not give any statements to the insurance company. Even though it is the same company they only have a duty to you on your policy and not on the policy of the other person I would wait for court to see how the ticket comes out before you give any statemets that could be used as evidence against. you. Hire a lawyer if you don't feel like you can handle this yourself.
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