Legal Question in Personal Injury in Florida
Filing suit against individual not in the us
I allowed my fiancee (who was on my auto insurance policy) to drive my car to work. He found at fault in an accident resulting in injuries to the other driver that exceeds the financial limit of my $10,000 personal injury liability. My fiancee agreed to ''take care of the costs.'' Now he has fled, returning to Europe where he is a legal citizen (he lived with me in the US for three years). I contacted him, but he now refuses to pay for the damages. He also has reneged on his promise to support me or help me financially after he encouraged me NOT to seek employment outside the home. I am in danger of losing my home and what little I own. Can I as a US citizen file suit against a citizen of a foreign country for the amount of insurance claims not covered by the insurance; for the increase in my insurance premiums; and/or for breach of an implied contract to help support me? Thank you for an answer to a long and complicated question.
2 Answers from Attorneys
Re: Filing suit against individual not in the us
Before you spend good money on a lawyer to chase a dead beat in Europe from whom you are unlikely to ever collect one dollar, make sure the accident has been timely reported to your auto insurance company (get a claim number) so that your carrier can protect your interests and, if necessary, appoint defense counsel. As the owner of the vehicle you are liable no matter what your fiance told you. With respect to your question concerning a claim for an implied contract to support you, you have a better chance of winning the lottery than collecting on that claim (which may not even be a recognized claim under Florida law). Of course, without meeting with you and reviewing any documentation relating to your problems, I cannot give you any specific advice or reliable guidance. Good luck.
Re: Filing suit against individual not in the us
You are whistling in the wind. As owner of the vehicle you are responsible. Perhaps the other driver had under insured coverage. Your homestead will be exempt from any judgment. You need to speak with an attorney familiar with auto accident law.
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