Q: My daughter is being sued for an accident that the other driver was cited for. We are in Florida.
The passengers in the other car are suing my son-in-law, daughter, and insurance, along with the driver of the car they were in, for great bodily harm. Daughter's insurance is 10/20/10. I doubt they will settle for the 10. They have no assets, lots of bills, 3 kids. Yes, they have decent jobs, but the economy is eating them alive. They don't even have health insurance. They can't afford a lawyer. What can they do??? The stress is really affecting my daughter's health and mental state. Their vehicle was totaled, so they don't even have one of their must have 2 vehicles anymore, with no assets to get another one with no down payment money.
A: Your daughter should contact her insurance agent and forward a copy of the lawsuit to her insurance company as soon as possible (and make sure it is received). I am not licensed to practice law in Florida, but I believe an Answer to the lawsuit must be filed within 20 days after service of the lawsuit so time is of the essence. The insurance company will appoint an attorney to defend your daughter.
Your daughter's insurer should provide a free lawyer, and there is a potential scenario in which the plaintiffs WILL settle for the 10K if they can get enough $$ from the other parties/insurers, or if they figure that promptly getting the 10K in hand would be beneficial while they continue to litigate against the other parties.
Also, if neither your daughter nor her husband were at fault in the accident, the insurer might choose to defend, at least to a certain extent, without settling up. Worst case scenario, and probably an unlikely one, is that your daughter and son-in-law would need to file for bankruptcy to get out of the judgment debt (if they are eligible to seek bankruptcy protection). The plaintiffs of course will not want to go a route where that could happen.
Tim Akpinar agrees with this answer
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