Legal Question in Traffic Law in Florida

auto accident

I was in a auto accident back in july 2007 my insurance company offered my 50000.00 pip but now the persons lawyer just sent me a asset affidavit. what should i do the accident report shows he was at fault but yet they still can come get you i guess


Asked on 2/13/07, 7:21 pm

1 Answer from Attorneys

Thomas Rosenblum Rosenblum Law Offices

Re: auto accident

Hello: I just read your question. Please be advised, since I do not have all of the facts in this matter, I cannot give a formal legal opinion and this is not an atty/client relationship. I can discuss general legal principles.

As such, first, I believe you meant to say "July 2006". Next, it sounds like there has not been a final judgment entered in the lawsuit, if there has been a law suit filed. If there has not been a suit filed, you are under no legal obligation to provide the other side with an asset summary. I have seen cases where the other side is exploring to see if the possible defendant has any assets...to make it worth while to bring a suit. If you do not have a substantial amount of assets, you may want to cooperate. I have seen cases where Plaintiff's lawyer saw they probably wouldn't get any recovery from Defendant, only a piece of paper (final judgment) saying Defendant owes them money. Since Plaintiff attorneys work on a contingency basis, that is, they get a % of any collections and nothing if there is no recovery, they want to see if potential defendant has any assets.

Also, just because you think other driver was at fault, doesn't mean they can't file a suit. You would have your opportunity to file a counter-claim and show your evidence and perhaps win the case.

This is oly a civil case, not a criminal case. So, they can't "come get you". A civil suit of this type only involves issues of whether or not one side has to pay the other side money, and then, can the other side collect anything from the defendant.

If I can be of any assistance in North Fla., give my office a call. Tom Rosenblum

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Answered on 2/14/07, 9:48 am


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