Am i responsible for the injuries paid by the person i hit insurance company ?

Business 3 views 5 answers
I was given a ticket for a car accident i didnt have bodily injury liability because i was 17 now the person i hit insurance company is trying to collect the money they paid to them the car was not in my name and i was a driver under my aunt's policy can they sue me and am i responsible for the the money they paid out?

Attorney Answers

5
John Joseph ClarkForeclosure AttorneyMiami, FL ·
The short answer is that the insurance company can attempt to recover the amount they payed out although there are certain limitations. They may look to you as the driver as well as to your aunt as the owner of the vehicle. Whether or not the insurance company will prevail is not a question that can be answered with the information at hand. You should to discuss your options with aan experienced Florida attorney. John J. Clark is 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
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Joseph Blaszkow ·
Your question is a little unclear. If you were driving your aunt's vehicle, and with her perimission, then her insurance company should defend this claim for you. You should report the claim to them. Good luck. The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. 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.
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David Jay GorewitzAdmiralty / Maritime AttorneyMelbourne, FL ·
Adding to what the other attorneys have said, as a minor, the adult who authorized your obtaining a driver's license may also be on the hook for damages. Being 17 is no excuse for driving without bodily injury liability insurance and if the damages are not paid you are likely to have your driver's license suspended. Still, you have the right to contest whether you were at fault despite the ticket.
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Luke Brown ·
In general, the substantive answers that you have been given seem to be broadly correct. The theory that the insurance company is using is "subrogation"--which means that the company succeeds to the right of its insured to recover from you the money that it paid on behalf of its insured. It can sue in its name, its insured's name, or its name "as subrogee of" its insured. Florida adheres to a rule of liability that makes both the owner and the negligent driver of an automobile liable for the damages, provided that the driver was using the car with the owner's expressed or implied permission. You, as the driver, would be primarily liable (assuming that you are found to be negligent-which is a civil, not criminal-finding; the outcome of the ticket is largely irrelevant because the burdens of proof are different in civil and criminal matters). If you were listed on the insurance policy as an authorized driver of the car, all other things being equal, you should be able to access the benefits of the policy. The most important of these for you at this point is for the insurance company to either defend the claim made against you, or pay it (depending upon its view of liability and damages). However, in order for you to be entitled to that, the collision must be timely reported to the insurer and you must ensure that it gets all correspondence, suit papers, and other material relative to the claim. You are also required to fully cooperate with the insurer in its investigation and defense of the claim. If you fail to do any of those things, you stand the risk of the insurer being able to successfully argue that you have breached the conditions of the policy and deny coverage. In that case, if found negligent, you/your aunt would be financially responsible for the claimant's damages. Further, if the damages are not paid within 30 days from the date of judgment, your license and tags may be suspended under Florida's Financial Responsibility Law.
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Sam Levine ·
You need to have an attorney in your area review the case file. Without knowing more, it is hard to answer your question. There are many unknowns here.
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