Q: Do I need to fill out an Financial Affidavit for an accident. Is it better to fill it out or not?
My daughter was in an accident. The car and insurance was in my name at the time of the accident. The amount of the claim is $19,500 for hospital bills. My insurance covers up to $25,000 and that is what they are asking for. I do not have any assets or extra income for them to come after. I just started a business a couple of months ago and barely making it and show no income. Should I fill out the affidavit or not?
A:
You likely have a lawyer provided by your insurer if you are at this point. the lawyer should be able to advise you as to your best next step- to provide the affidavit or not- and what to include/ disclose. If you want to get a second opinion - you would probably need to show the affidavit to a lawyer and let the attorney give you advise on whether to complete and what to put int he affidavit.
Also, don't forget to file with the state the post-accident report of accident with the state - https://www.tn.gov/content/dam/tn/safety/documents/owneroperator.pdf
Tim Akpinar agrees with this answer
A: As my colleague advises, ask your assigned defense attorney for their input. They're going to probably tell you to consult with an outside counsel whose interests are solely yours. But that can cost money. Find out as much as you can from your defense counsel what they foresee in terms of the policy limits, the damages, and the intentions of the other side. And learn your response options under your local law - it's not like playing nice with them is going to placate them to be gentle - the fact that they're asking for that speaks for itself. Good luck
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