Am I liable for the other drivers damages if my insurance company denies his claim?

Asked almost 5 years ago - Orlando, FL

I was in an accident where the state trooper could not determine who caused the accident. My insurance company paid for my damages only. I have full coverage insurance. I suspect the other driver may have less than adequate insurance coverage, because he is attempting to sue me for his damages in small claims court. Am I liable since my insurance company decided not to pay for his damages?

Attorney answers (2)

  1. Dennis Michael Phillips

    Contributor Level 17

    Answered . It depends. Did your insurer deny coverage to you or did it deny the other party's claim? If the former, then you're on the hook. If the latter, then you're okay because your insurer will still have the duty to indemnify (pay your claim) up to the limits of your policy (and maybe more) in the event of a final judgment in favor of the plaintiff against you. If suit gets filed, then you need to let your insurer know asap because it also has the duty to defend you.

  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . If you have automobile liability insurance, you should not be too concerned. If you are sued by the adverse driver, immediately notify your automobile liability insurance Co. Your company will have the duty to both defend you and indemnify you in the event you are sued. The fact that they have denied the claim, pre-suit, does not mean that they do not have the obligation to defend you.



    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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