Legal Question in Insurance Law in New York

This question is in regards to whether or not my husband should sign an affidavit sent to us by the car insurance company. The affidavit attests to the following:

1. That my husband's car was in an an accident, and he is the legal owner of this vehicle.

2. That the car was insured under this specific company.

3. That the policy afforded collision coverage and rental reimbursement.

4. The exact amount of money to repair the car including the amount to cover the rental car, and 1,000 dollar deductible.

5. That my husband "assigned my rights to process against.." the owner/driver of the other vehicle that was involved.

Some more relevant information:

We no longer own the car. At the time (2012) the car was insured in the state of NY. When the car accident happened it was being driven by a valet driver. The owner/driver of the other vehicle had tried to sue my husband for repairs and the cost of putting his car in storage, we went to court for that case and from what our lawyer told us the court did not grant him what he was asking for. Also, we did receive a letter stating that because neither my husband and I were behind the wheel (third party was the driver) that they (insurance co.) may not be responsible for all the damages.

So my questions are : Should my husband sign this affidavit to allow our insurance company to collect from the driver/owner of the other car? How likely is it that case against the driver/owner of the other car will be decided in favor of us (or rather our insurance co.)? If the other driver/owner is not held responsible for the damages will we be ultimately responsible to pay the insurance company the full amount they paid on our behave? (including the deductible and the rental fees) Will be only held responsible for the deductible?

1 Answer from Attorneys

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