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Ray, Lawyer
Category: Legal
Satisfied Customers: 42818
Experience:  30 years in civil, probate, real estate, elder law
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I was in a car accident today. I am in the state of Florida.

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I was in a car accident today. I am in the state of Florida.
I was traveling Westbound on a four lane road, two lanes west, two lanes east.
I stopped and put on my turn signal to turn left. Another vehicle was turning left opposite of me.
That person waved to me that it was clear. I started across the road.
A truck was behind the other turning vehicle, grew impatient and went around the parked vehicle, not realizing I was already making a turn. I was 95% of the way through the turn and the other person clipped my back bumper and back side of the quarter panel. Nobody stopped. There were no witnesses. The police officer who responded refused to issue a citation to either driver. I am concerned that I will be found liable, regardless of the fact that I made sure there was no traffic and had almost completed the turn. In your option, based on Florida law... would I be found liable?
Customer: replied 1 month ago.
Please excuse the spelling and grammar mistakes. Auto-correct is killing it today. I am literate, I promise.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

If the truck can be found here then they appear liable to me, they hit you and failed to yield.Otherwise you are likely going to have to rely on your coverage /comprehensive.Unless the missing driver can be found it is unlikely the thrid party will be found liable here.But the missing driver that hit you would be if they can be located.

I appreciate the chance to help you tonight.Thanks.

If you can positive rate 5 stars it is much appreciated.

Florida negligence laws use a comparative negligence system to determine the amount of liability in negligence cases. What this means is that each person who is at fault for an accident or injury is liable to the extent of his or her portion of the fault.

Example: if Peter is speeding on I-95 and runs into Denise as she's changing lanes without using her blinker, a court may find that Peter is 60% at fault and Denise is 40% at fault. Therefore, under Florida law, Peter is liable for 60% of Denise’s losses resulting from the car accident. This includes any expenses from injuries or property damage that occurred because of the accident. Equally, Denise is liable for 40% of any of Peter’s losses resulting from the accident.

Customer: replied 1 month ago.
Let me clarify. The other driver stopped. When I said that "nobody stopped" I was referring to witnesses.
The other driver claims I pulled out in front of him.

So here from what you represent the officer could not ascertain who was more than 50% negligent.In that case each party may have to rely on their insurance.You turn it in on the other parties insurance, see what they determine.

Customer: replied 1 month ago.
I have turned it into his and he has called mine. Does the fact that I had completed the turn and was mostly in the adjacent street when he hit me have any significance?

I think so arguably you had the right of way since you were through or almost through here.

Ray and other Legal Specialists are ready to help you
Customer: replied 1 month ago.
Thank you for the information.
Customer: replied 1 month ago.
Ray, the other driver's insurance company, Progressive, took a recorded statement from me today. Then claimed that I failed to yield the right of way to their insured party. Geico says the turn was complete and that he was at fault. What happens when insurance companies disagree?

Each may pay for their own drivers car here, its a draw so to speak, equal negligence.This is why you want to have comprehensive , this is real common these days they can try and avoid paying.

Customer: replied 1 month ago.
Would that then show up as an at fault accident? Its enough to make me want to stop driving and Uber everywhere.

It may well show up here if your policy has to pay.You don't want to Uber anywhere, virtually none of them carry proper commercial policies, if you have a wreck with Uber you are probably SOL. Most people don't understand that these guys lack commercial coverage until there is a wreck.

Customer: replied 1 month ago.
That is really good information to know. Thank you.

Have a great evening.

Customer: replied 1 month ago.
See attachments for clarification of the accident. Opinion? Id be happy to pay you additional funds.

Looks like there are two different viewpoints here.Likely your insurance minus a deductible here will pay your claim and the other driver theirs.Looks like they changed their story for their insurance.

Customer: replied 1 month ago.
literally... anyone can lie and get away with it, regardless of what the evidence shows. The evidence does show that the turn was complete, does it not? Am I being biased?
Customer: replied 1 month ago.
I gave you a good recommendation and a bonus. Thank you for the help.

Yes many accidents end up this way.