Legal Question in Personal Injury in Florida

someone hit my car and cause a bit of damage. I took the car to get an estimate and submitted it to the person. Her friends and family told her she has the right to have someone of her own desire to look at me car also and give an estimate and fix the car being a family friend.. Here is the issue.. I live in ft lauderdale, she lives in miami where the accident occurred, do i have to drive 25 min to miami in order to have her family friend look at my car and give an estimate or is my esitimate that i got here in ft lauderdale enough and i am not required to go back to miami? Also the people i got the estimate from i know will do the job correctly they have been in business for over 20 years, her family member who want to give an estimate may not even be as qualified..

Asked on 3/29/12, 10:12 am

3 Answers from Attorneys

Christopher Roberts Ewusiak & Roberts
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First, you should check to see if your insurance or her insurance covers the damage. If the accident was her fault, her insurance company should pay and should handle all of these issues for you. Florida law requires her to have $10,000 in property damage insurance. If she did not have insurance, she was in violation of law and is not in much of a position to negotiate with you. Putting that issue aside, you have a duty to have the vehicle fixed for a reasonable price, but that doesn't mean you have to go to great lengths to allow the at-fault person to have a family member fix the vehicle.

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3/29/12, 10:18 am
David Slater David P. Slater, Esq.
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You can sue in Small Claims Court in Miami. Bring your estimate and photos to court.

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3/29/12, 10:33 am
Barry Stein De Cardenas, Freixas, Stein & Zachary
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You dont have to do what you dont want to do, however, you may also not get a resolution of the issue easily. This is all being paid without involving insurance? Not the best way to do the deal. You should be careful of what you agree to. I would not use the at fault person's relative unless you are satisfied with that person's competence and abilities.

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3/25/13, 12:11 pm

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