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
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

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
Gregory C. Maaswinkel
PREMIUM
Answered
  • Personal Injury Lawyer
  • Orlando, FL
  • Licensed in Florida

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.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

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.

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