i am being sued for an accident that my live in boyfriend had in my car. I had insurance, but he was excluded. What happens now?

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Answers (2)

Okorie Okorocha

Okorie Okorocha Avvo Pro

Contributor Level 9
If he was driving and was excluded, there is no coverage, you need to higher your own attorney out of your own pocket and protect your assets.

My standard disclaimer: I am not offering legal advice or services, assume all of my advice is completely incorrect, assume I do not know the law in your state and assume that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.
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Lars A. Lundeen

Lars A. Lundeen

Contributor Level 8
Assuming that this accident happened in Florida, you, as the owner of the vehicle, can be equally liable with your boyfriend to whom you loaned the car. Florida considers any motor vehicle to be a "dangerous instrumentality" and deems the owner responsible along with any person to whom the car was loaned.

Your assets can be at risk. I would suggest that you consult with an attorney in your area who does personal injury defense work. He or she should review your automobile policy you had at the time of the accident, along with the Summons and Complaint which you have been served. There may be a count in the Complaint, such as a specific claim for negligent entrustment, which the terms of your auto liability insurance policy may require your carrier to defend, even though your boyfriend was "excluded". A lot will depend upon the specific wording of your contract with your insurance company.

In any event, you should forward a copy of the Summons and Complaint by certified mail to the insurance company you had at the time of this incident and make a demand to them that they defend you in this matter. Failure to notify your insurance company that you have been sued could result in additional difficulties for you down the road. The complaint needs to be responded to within the time indicated to you in the Summons.
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