Orlando, FL asked in Car Accidents and Insurance Defense for Florida

Q: Can a person sue my insurance in a accident if no one was at fault

2 Lawyer Answers
Josh Corriveau
Josh Corriveau
  • Personal Injury Lawyer
  • Orlando, FL

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%.

Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.