My husband was in a accident in my car and the other party was found at fault but the insurance company is now pursuing me, saying I didn’t have bodily injury and they’re seeking 20+K from me because my insurance company will not pay. What should I do? Speak with them, letting them know if they pursue I will countersue; along with the case number which their client was at fault? Or not say a word and waste time and money in court hoping I get it back?
Since you chose not to carry bodily injury coverage in Florida, your insurance company will not be providing you with a defense attorney for this accident.
Therefore, you are going to have to deal with the other party's insurance company yourself. That insurance company may decide to file a lawsuit against you. If it does successfully, you could lose your driver's license until the judgment is paid in full.
You have to have reason to counter-sue, however, as you cannot simply counter-sue just because the other party filed a lawsuit.
If a lawsuit is filed, the insurance company has the burden of proof to show you were liable for the accident and to prove all damages being claimed. However, if that happens, you should not attempt to defend yourself in court as you do not have the legal acumen or the experience to do so successfully. You will be dealing with seasoned insurance attorneys, most likely with many, many lawsuits under their belts.
Use the "Find a lawyer" link at the top of the screen to consult with some attorneys in your area to go over your legal options.
Most insurance companies will not defend an insured against claims for bodily injuries if that insured did not carry bodily injury liability insurance. Consequently, you have 3 possible courses of action: 1: Hire an attorney to defend you in the civil action 2: Defend yourself in the civil action 3: Ignore the civil action against you. many attorneys, upon learning that you do not have liability insurance or assets, may give up the claim. This is a dangerous approach because the attorney for the other side might obtain a default judgment against you; or, move to attach your assets or wages upon securing the default judgment.
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