My mother was driving my car and I was sleeping in the passenger seat. We were in an accident in which the other driver was found at fault. The other driver’s auto insurance offered her $10,000, but my mom wants more. She is talking about suing my own insurance insurance company since she was driving in my car.
She said I would have to be named in the lawsuit since it was my policy. Her and I used to have the same insurance company together, full coverage, with stacking, but I no longer use that company. If she files, she said it would be a lawsuit to my insurance company for my policy, not directed at me.
How would this affect me? And how would this work since she was the driver of my vehicle, and she was listed on my insurance as a secondary driver?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Answer
Dear Sarah,
Florida is a “No Fault” insurance state. Your mother should be able to request compensation from her own insurance company. She doesn’t have to name you in a lawsuit. That’s too final a gesture.
Instead, if she wants to pursue a claim against your insurance company she first must have medically documented damages. Then she should contact your insurance company and speak with a claims adjuster. The adjuster will investigate the collision. If the adjuster believes the injuries are the fault of the other driver the adjuster may decide not to pay on the claim.
If the adjuster does pay she will then turn around and “subrogate” against the at-fault driver to recover any money the adjuster pays you.
The best thing to do is let your mother proceed the way she wants to. If you can’t dissuade her from pursuing a claim against your insurance company, then you will have to leave it up to your insurance company’s claims adjuster to investigate and then decide whether or not to settle the case.
If the adjuster decides not to settle the case your mother will either have to prepare a lawsuit and file it herself, or try and find a personal injury attorney who will want to take the case.
If the claims adjuster for the at-fault party has only offered $10,000 dollars, that means the case isn’t worth a lot of money. Trying to find an attorney who will accept a case worth about $10,000 dollars will be difficult.
Learn more here: Florida Car Accident Guide
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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