Legal Question in Personal Injury in Florida

death in rental car

My sisters were in a car accident on 5/27/08.My sisters friend got a girl to rent it for her.While on the way back to tampa from daytona the girl fell asleep driving, killing one of my sisters, she leaves behind 2 kids a 9 yr old and a 2 yr old.What can we do to make sure she is held responsible and will there be any benefits to her kids from the rental car company or anybody


Asked on 8/14/08, 2:07 pm

6 Answers from Attorneys

Philip DeBerard Accident Law Offices of Philip DeBerard

Re: death in rental car

please call us immediately to discuss this tragic accident. please use our toll free number.

thank you

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Answered on 8/15/08, 9:17 am
David Lipton David A. Lipton & Associates

Re: death in rental car

First let me say that I am truly sorry for your loss and would like to help you in any way. In order to answer your questions regarding criminal responsibility I will need much more information such as if there was any alchohol involved etc. Addtionally, the matter will need a thorough investigation into insurance coverages and the rental contract which was signed. Please call my office and I will be glad to discuss this matter and how we may be of service to you. I want you to understand that we will do everything possible. Please call the Atlanta office as I am currently there in Atlanta at the moment.

David Lipton

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Answered on 8/14/08, 2:27 pm
David Slater David P. Slater, Esq.

Re: death in rental car

Insurance coverage must be determined. Potentially, the rental car company, driver, driver's insurance company and the deceased's insurance policy may have coverage and responsibility.

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Answered on 8/14/08, 2:42 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: death in rental car

You will really need to speak with an attorney that is experienced in this area. A wrongful death suit can be complicated and special rules and limitations apply to rental cars.

I suspect you will get a few e-mails from people telling you to call them. You should look at the web site information regardinmg the lawyers, their qualifications, and their firm's qualifications and then call the person you feel will do the best job for your family.

Talk to several lawyers. I would be happy to be considered.

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Answered on 8/14/08, 3:24 pm
Steven Meyer CPLS, P.A.

Re: death in rental car

I'm very sorry to hear about your sister. Your sister's estate must be filed in the probate court. Then, the estate may have a claim against the person who was driving car in which your sister was riding. There may also have a claim against your sister's auto insurance. If your sister lived with other relatives, their auto insurance may come into play too. There may be a claim against the rental car company too, but these claims are limited and very complicated. Lastly, there may be other claims related to the condition of the auto or the roadway. This is a very complicated case. You really need to speak to an attorney who is skilled in handling these cases. You should look for someone who's board certified in civil trial law, as our the attorneys in our firm. We'd be happy to speak to you about the situation. There's no obligation and we offer a free initial consultation.

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Answered on 8/17/08, 3:43 am
Alexander Kaplan Alexander L. Kaplan, PA

Re: death in rental car

It appears that you not only have a case against the driver and the girl that rented the car, but you may have a good case against the rental company as well. It needs to be fully explored. You can email me for further inquiries.

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Answered on 8/14/08, 8:56 pm


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