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Living in Florida in a car accident was our fault, Another driver claiming broken ankle fracture and shoulder pains,

Tampa, FL |

Theirs three of us in the car and we ran a stop sign and hit another car.2 of us are the owners of the car and the person driving our car wasnt and he doesnt have insurance. and was charge with the offense of not stoping on a stop sign and he was given dui test and past. What are the requirement if we end up being sue and we have no assets or money. My liability is the lowest which is 10,000 and am sure the other driver is going to ask more then that. Can bankrupcy be done to avoid being sue since no one had a DUI. But then again theirs 3 of us, with 2 of us being the owners of the car. Nothing has happen yet, My insurance is still doing the paper work and investigations and we havent heard much back from the other driver who we hit. .

Attorney Answers 9


  1. Best answer

    Do nothing at this point and let your insurance company handle the claim. Your insurance company will advise if you are exposed to excess liability limits (more than $10,00 and a risk of a personal judgment).

    Available 24/7 so call 305-394-7100 for a free initial consultation with attorney Maggie Gutierrez or email Maggie@MyKeyWestLawyer.com. This answer does not, nor is it intended to, create an attorney-client relationship. It is offered for informational purposes only. Be sure to mark the "Best Answer" or Helpful" to your questions. Attorneys on AVVO donate their time and your feedback is appreciated. Consult with a licensed attorney before making any legal decisions.


  2. If you were at fault, then the other side may seek compensation for their injuries. Drivers and owners can be held liable for the crash for running the stop sign, regardless of the fact DUI may not have existed.

    In terms of bodily injury (BI) limits, your insurer may tender the $10K BI and/or ask you to verify that you have no other insurance or applicable assets by affidavit. Your own auto insurance adjuster may clarify

    Bankruptcy can be an option under circumstances, but you should discuss with a bankruptcy lawyer about your eligibility.

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.


  3. The person driving your car should be covered under your car insurance as a permissive driver. Your insurance company has a duty to defend you and other insured persons under the policy which means they will pay for an attorney to represent you if you are sued. Cooperate with your insurance company. Most (not all) of the time, plaintiff's lawyers seek recovery from insurance only and are not interested in suing individuals because it is often very hard to collect.

    This answer does not constitute legal advice and no attorney client relationship has been formed. Before choosing a course of action, it is always advisable to seek the advice of an attorney in your area.


  4. Suggest taking no action at this point. See if your insurance carrier can obtain a release.


  5. I agree with my colleagues. Your insurance company will probably handle it and they may not even really involve you. Best of luck.

    Sending an email or posting a question does not constitute legal advice or create an attorney client privilege. The comments and opinions expressed in Elizabeth Munro's comments are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.


  6. I agree that you should simply cooperate with your insurance company. if you have minimum 10/20 policy which is 10K per person 20K per accident than that may satisfy the injured parties. If not it is difficult for an attorney to seek money for their clients (the injured party) from you if you do not have assets. But in any case, your Ins. Co. will have an attorny handling the defense of your case.


  7. If the liability is as clear cut as you have explained and the injuries as substantial your insurance carrier will likely tender the policy of insurance you have. They will ask you to sign an affidavit of no excess insurance to show the other parties. Often, people carry what is referred to as " under insurance". That protects them in the event they have an accident with someone who carries a minimum policy. Your carrier will put you on notice that you are responsible for any judgment in excess of the 10,000. You may need your own lawyer. You understand they still must provide you with a defense. In all liklihood, if you have no assets, and no real proeprty the other side will accept the policy and move on especially if they carried under insurance. Good Luck!


  8. Mr. Crannell laid out the answer to this one well. Good Luck!

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