More details to this question:
My 17 year old son was in a car accident. The HP on the scene stated no witnesses, both drivers claim green light, neither driver was ticketed. Other driver was injured, went to hospital. Not sure the extent of his injury. When I arrived on the scene to pick up my son & wait for the tow truck the police were searching the other driver's car. (My son stated when he asked the man if he was okay he could smell marijuana.)We had 50k in pip, the insurance co. says the other driver has in/out car video that shows my son was at fault. At first they said they would give the guy the 50k. Now they are asking for a financial affidavit saying that if we don't fill it out we will be sued for more than the 50k & that we will lose. I'm very confused as to why they aren't trying to help us further but my question is can my son be sued or just me? Thank you.
1 ANSWER
Florida is a comparative negligence state, meaning that both parties can be assigned fault for the accident in the absence of clear evidence to the contrary. Given the low policy limits and the injuries to each party, your son should retain counsel to file his own claim agaisnt the other driver for your son's injuries. The other question is whether he has to file an affidavit of net worth and income. That should be discussed in private with counsel here in Florida.
Answered on Jun 30th, 2021 at 1:32 PM