Legal Question in Insurance Law in Florida

being sued by insurance company

I was in a car accident where I rearended another car I was not ticketed for the accident but the insurance companys are claiming it is my fault. My insurance policy will only pay $10,000 of the damages to the other partys car. The other insurance company is claiming the car I hit is totaled and want to sue me for the remaining costs ($20000). I live pay check to pay check and the only things I own are my truck and a small boat. My wifes car wich I am still paying payments on is also in my name. The insurance company said they would settle for $5000 but I dont even have an extra $20 after I pay my bills. What can they do to me? Should I file bankruptsy if they sue me for the full amount of the car?


Asked on 12/05/07, 12:23 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: being sued by insurance company

You don't say what coverage you have. If you have only $10,000 of property damage, then you have a problem. If you were not at fault, you can dispute the claim all together. Your insurance company must provide you with a defense to the action. They should not be settling without getting you released from liability. If there is more coverage, then your insurance company will be responsible for the damage found by a court to have been your fault, up to their limits of liability. If you can better explain your problem feel free to send me an e-mail.

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Answered on 12/15/07, 12:33 pm


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