My daughter had a rear end car accident and the police officer gave her a ticket.
In the moment of the accident, the claimants didn´t show any trace of injury or harm and drove away of the scene in their car, as the police report shows.
The litigant and the police officer failed to appear in court and my daughter was acquitted in court.
My insurer company (UIAG) at the moment of the accident refused to pay anything to the claimants. That insurer company alleged that my daughter was driving a car registered in my name and she wasn’t in my policy although she lived with me.
Several months after the accident, the claimants’ attorney began to send me letters saying that the medical expenses of his clients for alleged injuries and even disabilities sustained in the accident have climb up to $65, 000 although they will accept a deal of $30,000. If not, they will sue me for the whole sum in court and I could lose all my properties.
Thank you everyone for your helpful responses. I actually turn the claim over to my insurance carrier. But, as Mr. Jeffrey Alan Adelman has said, I have one of the worst companies in the state of Florida for not paying claims: the United Auto. From the beginning my daughter and I were completely transparent with them concerning the issue that my daughter wasn’t in my policy although she was living with me. We even didn’t know that this was a motive for no receiving any coverage. Even though, the UIAG tortured my daughter and me with dozens of threatening letters and intimidating interrogation sessions before a stenographer for months before canceling my policy. In the other hand, neither my daughter nor I have any property or investments or savings at all. The case is still in a pre-suit state. Should I contact our counterpart in order to explain them that any legal action against us won’t report them any money at all? Could this be used against us in court?
Michael Lane MorganCar / Auto Accident LawyerSarasota, FL ·
You should turn that demand over to your insuracne company immediately. That is what insurance is for, to defend you against claims brought by others. Your policy contains requirements that you must notify them of any claims or demands in a timely manner or you may risk losing coverage.
Please immediatly seek the advice of a local attorney to help you or at a minimum get in touch with your insurance company and tell them that you have received a demand in connection with an accident that you have coverage for.
Yes, she can be sued civilly even thogh she was found not guilty in traffic court.
Under Florida law, the owner of a motor vehicle is liable for its negligent use. Hire your own lawyer before you do anything else.
This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory [email protected] (561)743-3708.
Turn the claim over to your insurance carrier immediately. Under most policies, they will provide a defense, even if they claim there is no coverage under the policy (under your circumstances).
You are insured by United Auto, one of the worst companies in the state of Florida for not paying claims. The person injured can absolutely bring a claim against you for dangerous instrumentality for letting your daughter use your car. The ticket is irrelevant for the purposes of circuit court. You should consult with a personal injury or insurance litigation lawyer to see if United Auto is justified in denying your claim.
You need to speak with an attorney concerning asset protection if you are concerned about losing your properties. If your property is homesteaded, you should breath a sigh of relief as that offers you protection from creditors.
If you have any questions, feel free to give me a call. 954-341-2777.
Just because she was acquitted in the traffic court doesn't mean that your daughter can't be sued civilly. (There are different standards of proof.)
I would agree with other counsel that you should turn this over to the insurance company and request that they defend you. If they refuse, get a copy of your policy and contact a local lawyer specializing in PI and/or insurance coverage issues to make your case. Now, I'm not admitted in FL (Only in CA), and therefore can't speak specifically to FL law, but generally speaking, unless your daughter was specifically excluded by name on the policy, she would qualify as a "permissive user" under your policy and therefore be covered.
As for your exposure, check with local counsel about limits that may apply to your liability. I know that in CA for example, an owner's liability is capped at $15,000, unless the owner is independently negligent (for doing something above and beyond merely being an owner, like giving the keys to an obviously intoxicated person, or someone you know has a lousy driving history).
Good luck!
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Yes, the prior Dismissal has no bearing on the civil claim.I suggest you take your automobile liability insurance policy at the time of the collision to a local civil defense attorney and have the matter reviewed as to coverage.
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Not much else to add as its been we'll covered by the answers given! The traffic ticket resolution does not limit an injured party from pursuing the at fault driver or owner. Often injured parties feel ok at the crash scene only to develop injury symptoms on the hours & days thereafter. Finally you bought car insurance, including hopefully liability coverage (protecting you from injury claims), and your insurance company has a duty to protect your interests accordingly, including as necessary hiring an attorney to protect your interests. Good luck.
