I was cited for failure to yield ROW . The other driver was speeding and charged a yellow light . She has a long history of traffic charges , speeding , no insurance , faulty equipment . She was in hospital a few days . I have no cash or retirement or investments . I own a condo which is under a rent to own contract . I feel from previous questions that if I do not complete the financial affadavit it may raise red flags and prompt the other party to " dig " further . If I do complete the affadavit do I have to include SS # , account # s and such . If this does go to trial can her driving record and criminal history be used against her . What if she was talking on the phone while speeding . The crash report said she was estimated to be going 10 mph over the speed limit . She had no auto ins .
Personal Injury Lawyer
Plaintiff's driving record and lack of insurance will not be admissible in a general auto case in Florida.
Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
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Ethics / Professional Responsibility Lawyer
The plaintiff's driving record is irrelevant. The case is about this accident. Reading between the lines, you were sued and your insurance company wants to settle the case for policy limits. The plaintiff wants a financial statement to satisfy herself that she isn't going to get any more money if she sues you than if she settles for the policy limits. If you have no assets and no other insurance, I see no downside to submitting an affidavit to that effect. If you are still worried, consult with a general practice lawyer before you sign anything.
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Florida is a comparative negligence (as opposed to a contributory negligence) state . The other driver's past history is not admissible but their actions in this case will have to be weighed. That said, since you have no other assets beside your policy, they must elect to accept the settlement or spend significant time and money trying to win a court case that could be problematic. They are likely simply doing their due diligence and once they find you have no real attachable assets, they will reluctantly accept payment from your insurance company. If you do have attachable assets such as significant bank accounts, brokerage accounts or the like, you have more to fear. You have to right to speak directly with the attorney or case manager that represents "Your" interests in this matter. You should also have been advised by them to consult with an attorney of your own choosing. You should.
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