Legal Question in Traffic Law in Florida

Inaccuracy of claim filed against me

I was at fault in an auto accident and the plaintiff (insurance agency) has submitted a claim against me. In the claim the owner of the other vehicle is incorrectly identified (wrong last name). The name is not misspelled, it is entirely incorrect, correct last name is Mathews and it is identified as (my last name). Is this grounds to have the case thrown out of court?


Asked on 8/09/07, 12:31 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Inaccuracy of claim filed against me

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It may be grounds for a motion to dismiss, but it can be easily corrected by an amended complaint. If you are insured, you should report this to your insurance carrier so that they can represent you in this matter. If not, you should consider hiring an attorney before it is too late.

Scott R. Jay, Esq.

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Answered on 8/09/07, 10:15 pm
Philip Friedman Bonifield, Friedman & Leifer, P.A.

Re: Inaccuracy of claim filed against me

It is, however, it is likely the Court will allow them to correct this error. Your insurance company should be defending you on this issue, if they are refusing, please consult a qualified personal injury attorney.

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Answered on 8/09/07, 12:41 pm

Re: Inaccuracy of claim filed against me

No.It is a typographical error which can be cured by the permission of court.

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Answered on 8/09/07, 1:10 pm


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