QUESTION

should I sign the affidavit with few questions that my insurance company is asking me because other party filed a person’s injury claim through lawyer

Asked on Feb 13th, 2020 on Automobile Accidents - Florida
More details to this question:
Hi, my son 19 years had an accident and they decided it is his fault. Our car got totaled and insurance finalized the payment for us. But we received a questionnaire like an affidavit and insurance is asking us to sign , notarize that because other party filed personal injury claim through their lawyer. Should we sign the affidavit and send to insurance? Does it cause problems for us or do we need to contact a lawyer too. We have enough insurance in the policy :250000/500000
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1 ANSWER

First Party Insurance Attorney serving Lauderdale Lakes, FL at Charles Injury Law
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Hello. The questionnaire and affidavit are standard documents a plaintiff's lawyer will commonly request be completed by an at fault party to an accident. Although an at fault party(ies) cannot be compelled to complete this questionaire and affidavit without a court order, I would highly reccomend you consult with an attorney should you decided to fill out and submit those. There are no consequences to refusing to complete and submit the questionnaire and affidvit at this point in time. Since you stated that you have $25K/$50K of insurance coverage, your auto insurance company under terms of the insurance contract with you and/or your son is obligated to legally represent you and/or your son in court to defend the case should it proceed to litigation.     
Answered on Feb 14th, 2020 at 5:13 AM

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