Legal Question in Personal Injury in Florida

my friend was moving me to a new house when he snapped over a phone call and slammed his truck into a parked car.I was injured and taken to the hospital and found out first that he had no insurance.Second they impounded histtruck without giving me a chance to get my clothes.They said I might have to wait 30 days.I want to press charges for attempted murder and sue towing company for theft. what are my options?

Asked on 1/30/10, 1:16 am

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

I'm not a criminal attorney, but this does not sound like attempted murder to me. Nevertheless, you cannot bring criminal charges. Only the State's attorney can bring criminal charges. The best you can do is make a complaint, but again, I don't see how this is criminal.

Rather than criminal, I think this is negligence, which gives rise to a civil cause of action. If your friend has no insurance, see if your auto insurance covers you in any way for injuries sustained while in another person's car. If you have additional bills, not covered by insurance, you can sue your friend for the bills (and add in extra for pain and suffering and such).

As for your clothes which are in the impounded truck, it is not the responsibility of the tow company (either criminally or civilly). The items in the truck are legally impounded. If your friend does not pay to get the truck out of impound, or he does not subsequently give you back your clothes, you have a cause of action against your friend for the value of the USED clothes (not replacement cost). An action in replevin for clothing is probably not warranted unless we are talking about clothes which have a very high value or are otherwise irreplaceable.

Good luck to you.

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Answered on 2/04/10, 3:53 am

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