Cape Coral, FL asked in Personal Injury for Florida

Q: am I required to fill the affidavit?

So I had an accident like 4 months ago, where I rear-ended a car but I managed to stop just in time to the point that there was no damage to either car but the lady wanted to call the police anyway. The police arrived and we get a driver to exchange of information, no fire rescue or ambulances were called. So 3 months later I get a letter from my insurance asking me to fill a financial affidavit, it seems the lady decided to claim bodily injuries which my insurance doesn't cover. Also, the car I was driving was my mom's. I don't own anything of value I don't have a car or house, land, or anything like that,

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: No, not required to (if it's not requested via a court document). Whether it would be a good or bad idea to submit the financial affidavit depends on your unique circumstances and your defense strategy. The plaintiff's counsel is likely deciding whether or not to sue you (though suit can also be filed against your mom). I assume you're an adult, because if you not, you can't be sued anyway (while still a minor). Notwithstanding that you apparently don't have any assets that would be worthwhile for the plaintiff to take a look at, your WAGES may be garnished (that is, a portion of every paycheck can be taken out until the judgment is satisfied), unless you are legally exempt. Another potential issue you are facing is that your (or your mom's) driver's license may be suspended if a money judgment is entered and there was not at least $10,000 in bodily liability coverage. However, if plaintiff's counsel decides it's not worth spinning any wheels to go after you, you likely won't be sued (in which case a judgment will not be entered against you). Bottom line: there are pros and cons to agreeing to fill out the affidavit, depending on your circumstances. May be best for you to schedule a consultation with an attorney.

Terrence H Thorgaard agrees with this answer

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