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Will my insurance company still pay?

Fort Lauderdale, FL |

I lent a friend of mine my car. The friend rear ended someone. Since there was only minor damage and no one appeared injured, my friend gave the other person my insurance information. Now the person is suing me for injuries. My insurance company says they need a statement from the friend. I cannot get ahold of him.

Attorney Answers 7


  1. You should cooperate with your insurance company as much as possible. Your have a duty to cooperate with your insurance company and they have a duty to defend claims filed against you. You should give them whatever information you have on your friend. Good Luck


  2. Your insurance will most likely continue to defend you, as long as you cooperate with them. Also, it might be a good idea to provide them with all the contact information for your friend.

    This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed.


  3. Cooperate with your insurance carrier, and keep trying to track down your friend.


  4. You have a legal duty to cooperate. If you fail to do so, the carrier may try to avoid coverage. So, give the carrier all the information you have about your friend. they ought to be able to find your friend if they look hard enough.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us


  5. You are required to cooperate with your insurance company during the course of their investigation. Do not ignore requests by your insurance company. I suggest you contact the adjuster and explain that you have diligently looked for your friendj, but was unable to locate him. If you are being sued due to the negligence of your friend while operating your vehicle, your insurance is required to defend the lawsuit, but you must fully cooperate with them.


  6. As others have pointed out, cooperate with your carrier and try to track your friend down. Owners in Florida are held strictly liable for injuries sustained by vehicles owned by them under a legal doctrine - dangerous instrumentality. The good news, it appears you may have some bodily injury liability coverage (not required in FL, but always a good idea to have, along with uninsured motorist) so the carrier should hopefully continue to defend the claim for you.


  7. Assuming this accident took place in the State of Florida, you, as the car owner, have equal liability with the driver for any damages he has caused. You should cooperate to the fullest extent with your carrier, advising them that you gave permission to this person to drive your car as you state. If your friend cannot be located, and suit is filed, trust that you will be joined as a named defendant in the pleadings. I suggest you provide your insurance company with as much information about this friend/driver as you can, including his last known address, phone number and work location. They have a duty to investigate the incident and hopefully they will make contact with your friend somewhere.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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 ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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