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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 94359
Experience:  7+ years of experience handling various legal matters.
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Hello, my question about deposition I intended regarding car

Resolved Question:

Hello, my question about deposition I intended regarding car accident. The accident happened last year, June, 3rd. I made right turn from big road to pretty narrow street. the turn was not really smooth, and within this maneuver, I see the approaching car. The speed was slow, I continued to drive and align my car to let the approaching car to go. For the second I stopped, and at this moment I felt the hit from the back. the hit was not strong, my bumper was little bit damaged. The guy from approaching car took an active part in an event. Probably he or the man from car that hit me call police. I did not want to move the cars from the scene, but he told we have to do it in order to let traffic flow. I moved my car to parking lot and wait for police. Police officer talked first with the man from car that hit me, and after talked to me. She was pretty aggressive. I started explain what happenned, but she gave me ticket for careless driving. I was so upset and see that the damage not so strong, just took this ticket and paid it. The man that hit me also received thicket. I do not know exactly what was written on it.
Now, after about year I knew that this man wants to sue me. I met the lawer of insurance company, explained her again all situation, this man definetely did not keep distance, and probably his speed was not proper. This man is going to sue me as it was health damage for his wife. To be honestly, I do not remember this woman, probably she was sitting on the back sit.
Yesterday I've received the letter of intention to deposition. I need your advice what will be the best defence in this case.
Submitted: 12 months ago.
Category: Legal
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

What county in the state of Florida did this happen in? What insurance company do you have? Did the police make a police report? What does the police report say about the other person's insurance company?

Customer: replied 12 months ago.


Thank you, XXXXX XXXXX appreciate your help!


the county is Pinellas; the insurance compay is Allstate; I do not know what the police report says about the other person's ins. company

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
Ok. Well I used to handle traffic tickets all the time. I still do but mainly for my friends and family. It's very easy to get out of that type of ticket. First, you file a request to go to court. A month or two later, you will get a notice for Pre-Trial hearing. You go to that hearing and then when they call your name, you just ask to set the case for trial. Then a month or two later you will get a notice for trial. You go to the trial. If the other person doesn't show up, you ask that the case be dismissed since there are no witnesses against you. If they do show up, then you present your case to the hearing officer or judge. Since in most cases, the person that hits from the rear is responsible, you should win the case. So I think you should be fine. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Customer: replied 12 months ago.

But in my case, this man is going to sue me! And I have to go to the deposition. I need your advise about defence. As the lawer from ins. compay say, it should be big amount of money!

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
Big amount of money? For what? Didn't he hit you? What is he saying, that he ran into you and his neck hurts or something? And what does your insurance company say? They would be the ones that have to pay. Are they sending an attorney with you?
Customer: replied 12 months ago.

I do not know why, I was shocked when received this letter. The guy from approaching car, for my understanding is going to be witness, that my right turn was sudden, and because I pleaded guilty and paid the ticket, he decided (probably hired the lawer) to sue me. the reason, as I told you--the health damage of his wife, probably something with neck... I do not know exactly

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
Believe it or not, the ticket doesn't matter. But your insurance company is supposed to provide you with an attorney. Do you have full coverage? Are they providing you with an attorney to go with you to the deposition?
Customer: replied 12 months ago.

I do not have full coverage, i have 10k for bodily injury and 20k limits of liablity per person.


The attorney will go with me, but I need to know first what should I say


 

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
Honesty, your attorney is supposed to tell you that. That's why they are being assigned to you. But apart from that, you are supposed to tell the truth. Just like you explained it to me, you carefully took a right turn, slowed down because someone was oncoming, and you were rear-ended. It's not complicated. Stick to the truth, stick to the facts. Your attorney should sit down with you before the deposition just to make sure you are prepared correctly. They will ask you about visibility, if it was raining or what type of weather it was. They will ask you were you were going to and where you were coming from and if you were in a hurry, any why or why not. Those are the things you should be prepared for. If everything that you are telling me is true, you should be ok. I seriously doubt that there are any serious injuries and your insurance will cover you up to $20,000 and believe me, they will fight to probably either not pay anything at all, or maybe just a few thousand dollars. But you aren't going to be going to jail or have to pay out money because with a slow speed accident like that, the injuries should not be serious at all. I did personal injury law for many years and I know how the system in Florida works. I have handled cases from South of Miami to North of West Palm Beach and they are often the same. But without knowing the exact injuries, I cannot tell you more, but with a slow speed injury like that, I don't think there are serious injuries. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 94359
Experience: 7+ years of experience handling various legal matters.
Guillermo J. Senmartin, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 12 months ago.

Now I understand what should i expect, thank you so much!

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
You are very welcome! Good luck to you!

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