QUESTION
What happens if I forget to sign my affidavit of liability?
Asked on Mar 29th, 2017 on Automobile Accidents - Florida
More details to this question:
Another party is suing my insurance for bodily injury claim (10k) and my insurance sent an affidavit to confirm I don't have any other insurance or I wasn't driving to/from work. From what I have received, my insurance sent an offer claim to their attorney, and the attorney sent a "demand" letter demanding my full policy limits and that affidavit by a certain date. I sent the affidavit in before receiving this demand letter but the date requesting the affidavit has already passed. Can they file a lawsuit against me? I'm at 25 yr old student with zero assets and very little money.
1 ANSWER
This is a very common question. It is highly unlikely that you will be pursued for amounts over the policy limits. Plaintiff's counsel simply wants to protect himself by having a document reflecting you are uncollectable so he himself can't be sued for malpractice. In short, your affidavit of no additional insurance and/or no assets is for his protection. That being said, you still could be sued but its highly unlikely.
Answered on Mar 30th, 2017 at 4:45 AM