Leesburg, FL asked in Personal Injury and Car Accidents for Florida

Q: if i am getting sued for someone not on my insurance wreaks my vechial can they take my property

3 Lawyer Answers

A: So someone not on your insurance wrecked your vehicle. I assume that whoever is suing you was damaged in the same accident. Did your insurance carrier deny coverage? If the court enters judgment against you (on the theory perhaps that you negligently let someone use your vehicle), yes, the judgment creditor can have your non-exempt property taken to satisfy such a judgment.

Charles M. Baron agrees with this answer

Gregory C. Maaswinkel
PREMIUM
Answered

A: I am assuming the accident occurred in Florida. In general, the owner of a vehicle in Florida is liable for injuries and damages caused by the vehicle even if the owner is not the driver if the driver had express or implied permission to drive your vehicle. That is called the Florida Dangerous Instrumentality Doctrine. If the injured party obtains a judgment against you, they can seize an sell your assets that are not protected. You should turn the matter over to your auto insurance company. If you have bodily injury on your policy, your insurance should provide you with a defense at their expense. If the claim is for property damage (damage to the other vehicle or property), then your insurance company should defend you. In many instances your insurance should cover the driver of your vehicle even if the driver is not on your policy. For example, if I let you drive my car and you caused an accident, my insurance should cover the accident even though you are not on my policy as long as you had permission to drive my car.

A: First, you should have a lawyer from the insurance. Speak with them. If you got a court paper, you need to make sure someone responds--do not let a default happen. You may have a claim over against the person that wrecked the vehicle. You need to focus on 1) is someone making a claim 2) did I tell the insurance who that is? To get your property they have to go all the way to judgment. That's a long way.

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.