Legal Question in Personal Injury in Florida

A bike cab permitted by the city in FL damaged my car. They didnt want to use their insurance, so I was asked not to get a police report and get an estimate. Versuses one estimate, I obtained 3 estimates that are within an $85 range of each other.

Although I dont have a police report, they admit fault in email. Now claim that they feel that the damages have been exaggerated, the body shops are difficult to contact and that they have had issues with people getting estimates from friends that owns the shop. So they are requesting that I go to particular body shop for estimate and that they be able to come out and look at my car to make sure the damages have not been exaggerated.

Do I have to get the estimate from the place they are requesting? As I feel I have been more than diligent in getting 3 estimate versus one to try to alleviate the thought that the estimate was being over exaggerated?

Also do they have to pay the cost of a rental car while my car is being repaired?

Asked on 8/30/16, 10:16 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You don't have to get their estimate, but if you don't you may not be able to get it resolved without filing suit. Depending on the amount of damages filing suit may not be a wise financial decision. They should pay for the loss of use of your car during the repair period. BTW, not getting a police report is not a good idea for your part ever. You are required to file a police report if the damages are over a certain amount of money.

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Answered on 8/31/16, 1:31 am
Tina Willis Tina Willis Law - Orlando

I agree with the other lawyer. I just wanted to add that you might be forgetting that unless you file suit, you can't get any recovery unless they agree to pay you voluntarily. That would mean you need a lawyer. Unfortunately I don't know any lawyers who would accept your case on a contingent fee basis (meaning they get paid only if they recover money for you). So you would need to pay a lawyer hourly, which wouldn't be worth the cost. If it were me, I'd go to their repair shop. Tina Willis Law Orlando, Phone: (407) 803-2139,, 390 N. Orange Avenue, Suite 2300G, Orlando, FL 32801

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Answered on 8/31/16, 9:28 am

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