Legal Question in Personal Injury in Florida

Help! I was in an auto accident where I was driving and struck a drunk pedestrian after stepping off crosswalk into the from left corner of my car, he was then run over by another driver. My homicide detective and investigator told me I was completely in the clear and not at fault at all! I went to make a clai with my ins company the next day and the told me they dropped me 10 days prior to the accident for non payment then mailed me a check for overpaid premiums. (Rediculous if you ask me) Anyways the family of the man who died is coming after me sine the insurance was not valid, I have nothing to take and was already told Im not at fault, Should I worry and seek an attorney?

Asked on 1/07/13, 7:30 pm

4 Answers from Attorneys

Steven Meyer CPLS, P.A.


I'm sorry to hear about your situation. The insurance company may have improperly canceled your policy. You may have a claim against the insurance company. I would need to hear some more of the details. If the insurance is restored, then the insurance company will provide lawyers to defend you in any case brought by the estate of the pedestrian. There may be other factors too. We offer a free initial consultation and I'd be happy to discuss the situation with you. Our office is in Boca Raton. (561) 864 - 0007

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Answered on 1/07/13, 8:21 pm

David Slater David P. Slater, Esq.

Yes. You need an attorney to deal with the insurance dispute and to defend you should a negligence action be started against you.

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Answered on 1/08/13, 4:14 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Both attorneys give sage advice. You need an attorney to review the alleged cancellation of insurance as it may be invalid and there may be coverage. If there is coverage they will defend the claims of the decedent's family. For your information not being criminally responsible for the death is not the same as not being negligent civilly for the death. Those are two different inquires. You could be partially negligent and therefore civilly responsible for the death claims in part. Get an attorney.

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Answered on 1/08/13, 5:48 am
Michael Tobin Michael M. Tobin, P.A.

I have litigated the issue of the validity of a cancellation notice in the Florida courts.The timing of the notice is critical. The policy and the law reuires a minimum of 10 days notice. I proved theat November 1st to November 10th is only 9 days. Call me at 305-305-3351 for a free consult to review to policy and the mailing notice. What proof does the company have to show the actual date notice was mailed to you? Was your exact address correct? I recently won a claim where the company simply left off the Apartment number.Also, was there a lienholder that required formalnotice of cancellatun?

You do have a serious problem requiring an experienced attorney!

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Answered on 1/11/13, 2:52 pm

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