My daughter had a car accident with a car my wife rented in Florida.

Asked over 2 years ago - New York, NY

The other driver's lawyer asked for the maximum from my insurance company but also wants an affidavit with my assets and my daughters listed. my wife signed the rental agreement, the insurance policy is in my name. My daughter is covered under my policy. The other driver claims she had a miscarrage 5 days after the accident and claims it was caused by the car accident.
i had nothing to do with the accident. my daughter was driving- my wife signed the rental agreement. If sued can they sue me also and attack assets that are held jointly? i was in NY at the time of the accident in Florida

Attorney answers (4)

  1. James D. Kiley

    Contributor Level 13

    4

    Lawyers agree

    Answered . Only your daughter is liable. Since your daughter is an insured under your policy, your insurance company will defendant and indemnify her in the claim. However, since you did not own the car she was driving, you are not vicariously liable for her negligence. The rental car's insurance ( usually they are self insured) would be primary and your policy would be secondary. Only your daughter's assets are exposed. They are probably just asking for an affidavit of no excess insurance from you where you attest that you have no umbrella or further coverage. Florida law is controlling here. The lawyers for your insurance company should be guiding you here.

    Please note that this communication does not create and attorney client relationship.

  2. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    Answered . This is something you should consult directly with a NY lawyer. Generally, assets no; insurance, vehicles, activity at time of collision yes. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  3. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . I don't know about Florida law but I don't think you are liable as you were not driving and were not the owner of the car. Under New York law the owner of a care is liable for the negligence of anyone operating the car with permission. However, I think New York may be the only state that has that law and federal law says that law doesn't apply to a rental car company.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  4. Kevin Coluccio

    Contributor Level 20

    3

    Lawyers agree

    Answered . It is important that you contact a local attorney to review the issues with you.

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