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I was involved in a accident involving afire truck. Florida…

So i was involved...

So i was involved in a accident involving afire truck

Lawyer's Assistant: What state is this in? And how old is the truck?

Florida 2007

Lawyer's Assistant: Has anything been filed or reported?

Yes a police report was filed yesterday

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is fine Ok would i be able to connect to the lawyer instantly?

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Answered in 3 minutes by:
3/12/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,960
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Hello; what is your question please?

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Customer reply replied 5 months ago
Hello , I am going to send you photos of what happened and then explain
Customer reply replied 5 months ago
Yea i t would be easier but i do not have $59
Customer reply replied 5 months ago
Ok so i was driving looking for parking and i was hit by a fire truck
Customer reply replied 5 months ago
There was no room for the fire truck to make the turn into the parking lot ,thus he hit me
The driver was not on a emergency because fire sirens were not on
Customer reply replied 5 months ago
the police came made a report and said no one is at fault for the accident which i do not agree with but i did not want to make a scene
Customer reply replied 5 months ago
I have told my insurance company about what happened and filed a claim with them ,but unfortunately i do not have collision coverage
Customer reply replied 5 months ago
What can I do next ?
Customer reply replied 5 months ago
Hello are u still there ?

Thank you;

hopefully there were no personal injuries.

Essentially the police are not the final arbiter of fault.

A plaintiff may sue another party for negligence if the defendant fails to act with due care.

So essentially the elements of negligence require showing that the defendant's failure to exercise due care resulting in economic harm or injury to the plaintiff and that this harm was reasonably foreseeable and proximately caused by the defendant's negligence.

A complaint may be filed in small claims -

yes, I'm still typing-one moment please.

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if the damages are less than $5,000; please see:

http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml

Otherwise general civil court would be appropriate.

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Customer reply replied 5 months ago
Ok ,yes there were no injuries
Customer reply replied 5 months ago
I went to a paint shop and the damages amount to less than $
5000
Customer reply replied 5 months ago
Is taking this directly to civil court my only option? Or can I contact the broward sheriffs office who own the fire truck and just ask for compensation for the damages caused ?

It is possible to send a demand letter and often that is done with attachments (ie photos showing damage, a copy of the estimates etc)

Then if there is no satisfactory resolution one may proceed by filing a lawsuit.

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Customer reply replied 5 months ago
Ok how do i go about sending a demand letter in this situation. Is there a form I have fill out ?

It is a custom drafted letter stating for example the date of the accident, the reasons why the plaintiff feels the defendant is responsible, the amount of damages requested.

It is best to send registered mail so there is proof of sending so it shows the court the plaintiff made a good faith attempt to settle out of court.

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Customer reply replied 5 months ago
ok ,and once that is done and they decide to refuse I can then take it to civil court if I wanted ?

Yes, that is correct.

The letter must be sent to the Fl Division of Risk management and any legal proceeding must be initiated within 3 years from the date of the incident although the sooner the process is initiated the better (so that information is still fresh).

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Customer reply replied 5 months ago
I got you . I attached a form that I found would this be sufficient for me to send to give to them
Customer reply replied 5 months ago
http://www.broward.org/RiskManagement/Pages/Liability.aspx
This is where i found it

Yes, assuming that is the county at issue that would be the proper form.

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,960
Experience: Just Answer consultant at Self employed
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legalgems and 87 other Legal Specialists are ready to help you
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Customer reply replied 5 months ago
Ok I am going to fill that out now and yes this is the form for the right county
Customer reply replied 5 months ago
Ok I think I should be ok now . Thank you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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