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Florida insurance law and related liability laws

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ellencee

Senior Member
I have a question regarding auto insurance and liability matters in the state of Florida.
A 74 year-old man, who is a close family member, has recently lost a great deal of mental acuity, and experiences hallucinations and paranoid delusions; these may be problems that will resolve in time as they are a result of physical/surgical problems. (He is receiving medical care; that's not the issue.)
The issue is---his wife insists he can drive to the grocery store and to run errands; she does not drive. Their children want to know what, if any, liability can be held against them, and what measures they might could take to stop him from driving.
The man's physician has written instructions for him not to drive.
The children, who are grown, want to know what laws allow them to do something to protect their father and those he may kill or injure while he's driving.
I do not know anything about Florida's insurance laws or other laws that may be relevant to this issue and do not know what kind of information to provide them.
Your help is appreciated.
 


D

Don484

Guest
You must stop this person from driving

I am not a lwwyer
You must stop this person from driving before someone gets hurt or killed.
My Dad was 72 when he went to see someone in the hospital he wound up 200 miles from home at 2 AM out of gas and cold when a state trooper found him.
I hate to say this but you and your family should have this person declared mentally incompetent in court and have his driverslicense taking away.
I know this will hurt but we dont want to see him have a wreck which he more than likely would not come out very well.
We will all be in the same boat some day. God bless and good luck.
 

ellencee

Senior Member
Don484
Hey thanks for your reply! I thought no one cared. The children, who are grown, are out of their minds with worry and the mother (wife) does not and will not admit that the father isn't mentally competent. The children are afraid that they may be held liable in some way since they know he should not drive. Yet, their hands appear to be legally tied as the wife is adamant he can drive and he will drive.
They don't totally understand Florida insurance law, and I surely don't. I did recommend they see a family lawyer as soon as possible, though.
Thanks again!
 
H

happy&lucky

Guest
No the children cannot be held liable for this, but if the house is still in his name and he kills or injures someone seriously the resulting money judgement would mean none of the kids will get the house.

NOW is a good time to get all his assets out of his name into the kids names...

he will have to be somewhat ok for the next 3 to 5 years before he can ask for medicaid!

the gov could attach his assets to pay for the hospital bills...
 

ellencee

Senior Member
Happy&Lucky
Your message was read and appreciated by the family. The father actually agreed to transfer some of his property that is of significant sentimental value out of his name 'if it would make everyone feel better', but he's keeping the rest in his name. Now everyone needs to hope and pray this man doesn't end up in the ocean or take someone else out with him if he crashes and burns.
Thanks again.
 

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