Legal Question in Personal Injury in Florida

Should i get umbrella insurance to protect my assets since i own a home? If not what can i do to protect myself ?

Progressive policy holders me and my dad (florida estate)

my dad had a minor accident with uninsured motorist(biker)

Biker is suing my insurance

My insurance is asking my dad for a recorded stament (my dad refused)

My insurance sent a letter saying that we may need to pay a banlance because the demands exceeds our coverage Bodily Injury & Property Damage Liability 10K/20K/10K


Asked on 12/15/17, 5:31 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You really need an attorney to review the circumstances. What you talk about is not accurate legally. You maybe responsible at some time, but your carrier has the obligation to resolve within your policy limits. Speak to an attorney with all your paperwork. the umbrella will only protect you for the next accident not one which has already occurred.

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Answered on 12/15/17, 6:24 pm
Jason Neufeld Neufeld, Kleinberg & Pinkiert, PA, a personal-injury and elder law firm

Unfortunately, you can't up your insurance or purchase an umbrella policy after an accident.

The question becomes how collectible are you (what assets do you have for the injured party to go after and is it going to be worth their while to go after it). Florida is a debtor-friendly state. But you'll have to consult with an asset protection or bankruptcy attorney if a judgment is entered against you.

Good luck.

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Answered on 12/15/17, 6:32 pm


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