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Accident on Holidays

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RobW1111

Junior Member
Ontario, Canada
On 01/02/2008 I rear ended a minivan in Orlando Florida. We were both driving rental vans. It was a low speed (less than 5mph, the lady stopped suddenly for no reason in an intersection) and there was only slight damage (police officer estimated $400 to my vehicle and $500 to theirs. I was not charged with anything. When I rented the vehicle I declined insurance because I was under the impression that my policy for my car here (I live in Canada) covered me but it didn't, so I had no insurance. There were 9 people in their mini van and every one at the scene was fine (including the 2 that were not wearing seatbelts)Yesterday I received a letter from an attorney in Louisiana asking me to call him to reach an "amicable disposition to this matter" for 7 personal injuries. I have not heard anything back from either rental company's regarding damages. Can you please give me some insight into the law and what coarse of action they will be able to take on me? Do you think I need to retain a lawyer?
Thanks
 


RobW1111

Junior Member
Should I get one Canada or in Florida?
I was told that the people who were after some easy money should have retained a lawyer from Florida in order to sue, is this true?
 

ecmst12

Senior Member
That is where the accident happened so that is whose laws will pertain and where you need representation. It's likely that their lawyer is also licensed to practice in FL since it is a neighboring state.
 

RobW1111

Junior Member
Do you think it would be stupid to ignore the letter from their lawyer?
I would not hesitate to do the right thing if I felt they were not trying to take advantage of the situation.
We waited in a parking lot for a couple of hours after the accident for the police to show up and everyone was fine, a month later 7 people claim to have injuries
 

ecmst12

Senior Member
Well, I don't know what their ability to collect from you is like, but it would be pretty stupid IMO. You caused the accident, you should take responsibility.

You don't know what exactly they're claiming. It frequently takes a while (several days) for injuries to manifest after an accident. You don't know what injuries they're claiming or what kind of treatment they had. Injury claims can't be resolved until treatment is complete; they probably should have notified you of the claim sooner but they would not have been able to SETTLE before now anyway. Just have the lawyer send you (or the lawyer you hire) all the bills and documentation. I wouldn't expect a LARGE amount of medical bills. Plus Florida has mandatory PIP and a rather high threshold before pain and suffering is allowed on an injury claim. This is why you need a lawyer familiar with FL law because he will be able to tell you what you are actually liable for and what the other lawyer is trying to "get over" on you. You may also want to consult a lawyer local to you to find out what kind of remedies they would have to enforce a judgement against you, if they were to receive one.
 

ecmst12

Senior Member
Depends on what you plan on saying. I don't think it's necessary so long as you will be hiring the lawyer soon.
 

RobW1111

Junior Member
I just talked with a Florida lawyer on the phone and he said the owner of the rental would be the ones they should go after and then intern the rental car company would probably come after me
I also searched in the FL bar for their lawyer and he was not there

Thank you for your help
I will get a lawyer
 

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