Mechanic Shop screwed up my car's brakes & I got into an accident on my way home. Brake pedal went all the way to the floor!

You should contact your insurance company first. Tell them what happened. The other driver (who hit you) will also make a claim against your insurance company. Then, go after the mechanic shop. What kind of mechanic is it? Is it a mom and pop shop? or a national chain? Preserve the car, have it towed somewhere that it can be looked at and inspected. Call me, I can assist.

I disagree with my colleague. There's nothing wrong with notifying your insurer (they'll be notified by the other party any way); but I wouldn't enlist your own insurer to deal with a rental and with your collision damage claim because you will need to pay your deductible first. I would lean more toward immediately putting the shop on notice and filing a claim to its liability insurer. Make them pay for your car. By the way, you might be better off if they can repair the car because if it's totaled, then all they'll pay you is actual cash value (not replacement value). Without gap coverage, this often really hurts victims of crashes. Additionally, this sounds like it was a violent collision; and you should go get checked out by a physician. Your situation is unique; so none of us can fully advise you without meeting with you and learning all the specifics of your case. For example, we'd need to look into the history of your car and the brakes, the insurance coverages available, the value of the vehicle and how much you owe, the vehicle appraisals, etc. The one thing that I agree with my colleague on is your need to preserve the vehicle until it can be appraised properly, as it is evidence in your claim. Dennis Phillips, Esq. Miami / Ft. Lauderdale 1-866-INJURED [email protected] www.ballirolaw.com Obvioulsy, this is just my two cents and not specific legal advice, since we have not met and you have not retained my services.

You should go to a physician and make sure you are not injured. It is not uncommon to walk away from a collision feeling fine only to have an injury manifest itself days later. I would not recommend you making a claim to your insurer, the shop's insurer should be primary on this claim. Assuming an insurance company makes you an offer to settle your claim, you should at the least have an attorney review the agreement for you. Insurance companies are notorious for making lowball offers to unrepresented claimants so be careful. I suggest you speak to an attorney as early in the process as possible to ensure as good an outcome as possible. John J. Clark is a Miami / Miami Beach attorney licensed to practice law in the State of Florida. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship. http://jjclarklaw.com (305) 961-1697