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LX V
Lv 6
LX V asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Help! I'm stranded in FL! How do I deal with this car accident?

I was staying at a hotel in Orlando and an employee hit my car. As a result my car is undrivable. I'm staying with my boyfriend and it's at a repair shop so that's all ok, and we did file a police report and do all the things your supposed to. So here's my questions (when I research these for myself all I find are personal injury lawyer ads):

Who is liable for the accident? The employee, the hotel owner (who assured us that everything would be taken care of) or the property owner (Amerisuites inc)?

Are they liable for anything beyond the damage to the car (I'm going to need a plane ticket home and one to get back when my car is done being repaired)

What if the repair is more than the value of my car? I can't afford to get a whole new car as a result.

Any help you guys could offer would be extremely appreciated.

Update:

I have contacted my insurance, but I do want to have some idea of the state laws involved (I'm from NC) before I start negotiating with the hotel and its staff/insurance.

5 Answers

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  • 1 decade ago
    Favorite Answer

    First of all if you have insurance contact your insurer. Even if you do not have full coverage they may be able to assist you in dealing with the Motel's insurance carrier. Secondly, since it was an employee of the motel who caused the damage then they are responsible for the costs, not the property owner unless they are one and the same. And if the amount of damage exceeds the value of the car you are out of luck. In most states they are only liable for up to the value of the vehicle.

    Try to get this resolved amicably without a lawyer of possible. You can deal directly with the motel's insurance company. They will balk at paying any extra costs, but that is their way of keeping costs down. Just keep fighting and threaten legal action only if required. Then go in slow and have a lawyer write a letter on your behalf. Only in the case of no other options should you sue in this case.

  • 1 decade ago

    Florida is a no-fault state, and technically since you were on private property, no one is at fault and no one is liable for your damages. However, that's not usually the way it happens. The employee should be the one to pay for damages (or most likely his insurance co). Have you contacted the insurance company of the employee? Have you contacted your own insurance co? They can answer most of these questions, I think. The insurance co should pay for your travel home and back if it takes that long for the repairs. Also, they will pay for a rental car. If the repair cost is more than the value of the vehicle, usually your insurance co will declare the car totaled and cut you a check for the value of the car.

    My advice is get on the phone with your insurance company. They are experienced in matters like this and can tell you everything you need to do.

    Good luck! :)

  • Faith
    Lv 4
    1 decade ago

    Since you're out of town, I'd suggest you call your own insurance company and ask for their suggestions. Many auto insurance policies include rental cars while your car is being repaired.

    The responsible party is normally the owner of the car. So, you should find out who owns the car, then ask them for their insurance number and contact number.

    As for a plane ticket, you'll need to ask the owner of the car, or their insurance company, about that provision. If your car is totaled, you will normally be given the cash value for the car. Hopefully, that would give you a good down payment to buy another car.

  • 1 decade ago

    If the person who hit you was driving a hotel vehicle or was valeting another vehicle (in other words he was working for the hotel), then the hotel is on the hook for the damages.

    If the person who hit you was leaving/going to work, hit you in his personal vehicle, wasn't "clocked" in - then he is personally liable.

    Go after both parties - you shouldn't have to pay anything.

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  • 1 decade ago

    Employee would be liable, Hotel should have insurance. but other than that...sorry about that

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