by Guest » Sun Apr 08, 2012 11:46 pm
We live in Florida and my son is 22yrs old, lives with me & had basic car insurance under my auto policy.He is currently working full time but will be enrolling in college soon.He lost his brakes while driving his vw jetta & hit a couple driving an lexis SUV.We saw when the female was picked up by the ambulance.The only noticeble damage was the front bumper came off.My sons car was very badly damaged but after 3mths was but back together by his stepdad.The problem is the state of Fl will be suspending his license if he doesnt pay $1,100.deposit.Supposedly there was $500. of bodily injury between the couple & after our insurance paid there is still another $600. for property damaged.We mailed a release form to the injured party required by the state of fl & a payment agreement but the couple didnt respond back.We also included a very nice simpity letter telling them how sorry my son was about the accident & that we hoped very much that out of the kindness of their heart they sign the release forms because we don't have any money. The MVD told us if the couple don't return the release forms my son has the chance to be sued anytime within the next 25yrs,The State of Fl will hold the $1100. for a yr & return this money if it isnt claimed by the injured party.We were under the impression that the injured party's insurance would cover what my sons insurance didnt pay because of his limited coverage.He now has an SR 22 which requires higher coverage for the next 3yrs.Being that he is under my car insurance would these people try to sue me since I own a home?Needless to say my son can't be without a license & will pay the deposit , which I'm sure it will be more than just a deposit.Is there anything a lawyer can do for us in this situation?Are there any other steps or procedures we can take to make the other party & their insurance understand we don't have anything to give.
Posted: Mon Apr 09, 2012 01:57 am Post Subject:
There are several issues with what you posted.
Why is their an amount left over after your carrier paid? Did your carrier pay your policy limits? Even if they did, they should have obtained a release which means you don't own any more. The only time they would not is if suit was filed and the court awarded a judgment. If a judgement was not obtained and your carrier paid your policy limits without a release then they are pretty much in Bad Faith.
The other party cannot collect 25 years after the accident unless they already have a judgment. If suit is not brought within 4 years, they cannot collect anything more.
Being that he is under my car insurance would these people try to sue me since I own a home?
Who owns the vehicle? In FL, the driver and owner are responsible for the vehicle's use. I thought you stated your son was listed on your policy. If so, what I mentioned applies to you as well... your carrier should have obtained a release unless suit was filed and a judgment obtained.
Posted: Wed Apr 11, 2012 04:20 am Post Subject: License Being Suspended
Thank you for your response.Three visits to MVD only left me more confused & worried.Everytime I visited the MVD I
got different information.Finally I got a straight answer when I called the Corp office of MVD.Only then was I told that they needed proof of his insurance fr our adjuster.Once that was submitted like you said the remaing balance for damages not covered were dropped and he just needs to pay for the injuries.I'm still nervous since they didn't return release forms.Hopefully this will be the end of it.It's been a real nightmare but we've learned alot from it.Once again thanks!!!
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