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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. .

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Attorney answers 9

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).

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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.

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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.


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


Report it to your insurance company to sort out


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

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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.


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!


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

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