Q: Can a person sue my insurance in a accident if no one was at fault
A: Yes. In some cases liability is disputed (i.e., how the accident happened). If the other driver claims the accident was your fault or you did not comply with the rules of the road, the other driver may sue for damages. In Florida, you may also be a percentage at fault. For instance, a jury may find you could have avoided the accident and therefore you are say 60% at fault. In this instance, the other driver would be 40% at fault (or less if there is another party involved). Any judgment obtained by the other driver would be reduced by 40%.
A: They cannot file a lawsuit against your insurance company, but if they claim that the accident is your fault, they can set up a claim with your insurance company (assuming you carried the type of coverage applicable to what they're claiming - property damage liability and/or bodily injury liability). The insurance company would then investigate the claim, and if they become concerned that the claimant might be able to prove that it was your fault, the insurance company has a duty to protect you and pay the claimant to avoid the risk to you.
If the insurance company tells the claimant to go fly a kite because the accident was not your fault, or if the insurance company offers the claimant an amount of money that the claimant is not satisfied with, the claimant still has the right to file a lawsuit against you personally (yes, you, NOT the insurance company, would get served with lawsuit papers) - and he/she can argue to the Court that the accident was your fault. Of course, if the accident clearly was NOT your fault, most or all lawyers will not take that person's case.
If you are sued, you must see if your insurance company will provide you with a free lawyer to defend you; otherwise, you would need to hire a lawyer.
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