2 people - not married, one accident - same auto policy

[kkheaven]

Jurisdiction

Florida

My boyfriend and I are on one auto insurance policy. My car is titled only in my name and his car is only in his name. The accident I had with my car & my boyfriend was not with me at the time of the accident. I have been assigned an attorney to advise me with regards to filling out a financial affidavit. They are asking my boyfriend to fill out a financial affidavit, as well. My question is: I fill one out, however my boyfriend refuses since his car wasn't involved and he didn't cause the accident. What happens if he doesn't? What grounds do they have to go after him or pursue him seperatly when clearly it was my fault and my car?
Thanks in advance for any comments.

 

[army judge]

My boyfriend and I are on one auto insurance policy. My car is titled only in my name and his car is only in his name. The accident I had with my car & my boyfriend was not with me at the time of the accident. I have been assigned an attorney to advise me with regards to filling out a financial affidavit. They are asking my boyfriend to fill out a financial affidavit, as well. My question is: I fill one out, however my boyfriend refuses since his car wasn't involved and he didn't cause the accident. What happens if he doesn't? What grounds do they have to go after him or pursue him seperatly when clearly it was my fault and my car?
Thanks in advance for any comments.

You've become financially entwined by purchasing insurance together, rather than separately.

His defiance won't cost him, however, it will cost you.

It's in your mutual interests for him to comply.

He, however, can't be forced to comply.

If he resists, the insurance company could choose to take punitive actions.

I suggest you discuss with your lawyer what COULD happen if he never relents, and continues to say NO.

 

[adjusterjack]

They are asking my boyfriend to fill out a financial affidavit, as well.

Who is "they"?

What grounds do they have to go after him or pursue him seperatly when clearly it was my fault and my car?

Who is "they"?

Is it the same "they" as the first "they" or a different "they"?

 

[KAB212]

Thank you for pointing this out. I tried to be specific.
The first "they" I was implying our insurance company received a demand letter from the other party attorney for our financial affidavit. The second "they", I'm taking about the attorney representing the other party. What would happen if I fill out my financial affidavit but my boyfriend does not.

Just a little bit more information I can share. I was notified of the demand for financial info yesterday. And it's wanted before next Thursday the 24th. My assigned attorney mentioned they were ready to cut them a check but were requesting the FA before hand. So, what is the worst case scenerio if my boyfriend is unable to do his FA?
Thanks.

Who is "they"?

Is it the same "they" as the first "they" or a different "they"?[/QUOTE]

Who is "they"?

Is it the same "they" as the first "they" or a different "they"?[/QUOTE]

 

[KAB212]

You've become financially entwined by purchasing insurance together, rather than separately.

His defiance won't cost him, however, it will cost you.

It's in your mutual interests for him to comply.

He, however, can't be forced to comply.

If he resists, the insurance company could choose to take punitive actions.

I suggest you discuss with your lawyer what COULD happen if he never relents, and continues to say NO.

Hi,
Thanks for your response. I'm wondering if you could explain in more detail what you mean by "cost". Also, punitive actions? Could you give me an example? I'm worried my boyfriend won't be so cooperative in filling this out.
Thanks

 

[KAB212]

Hi,
Thanks for your response. I'm wondering if you could explain in more detail what you mean by "cost". Also, punitive actions? Could you give me an example? I'm worried my boyfriend won't be so cooperative in filling this out.
Thanks

I also want to mention. The man the other attorney is representing...is a habitual offender and has a lengthy criminal history with a suspended drivers license. And the police report states "no injuries" on both parties even though he went to the hospital. I was stopped when he hit me however I got a ticket a week later for failure to yeild, which was later dismissed. My opinion is this man is a professional "victim" and looks for quick payouts. I saw him watching me before the accident, which I explained to my insurance co. Which may now be here nor there but I'm hoping my insurance company takes all of this into consideration.

 

[army judge]

Hi,
Thanks for your response. I'm wondering if you could explain in more detail what you mean by "cost". Also, punitive actions? Could you give me an example? I'm worried my boyfriend won't be so cooperative in filling this out.
Thanks

Why don't you obtain your own insurance policy in YOUR name only?
Your friend could also obtain his insurance in HIS name only.

Cost as in delay, or maybe cost you any settlement that is available to you.

Stop wasting your time asking strangers, ask YOUR lawyer.
Your lawyer is best informed to provide you with useful answers.
Your lawyer should be the GO TO person in all legal matters related to the automobile collision.

 

[KAB212]

Marriage was being talked about at the time renewal of insurance. And yes I realize my lawyer is the person I need to be talking with, however I wanted to see other valued opinions or thoughts, as is yours.

 

[adjusterjack]

what is the worst case scenerio if my boyfriend is unable to do his FA?

I'm still not clear on some things so let's back up and get some more details.

1 - Exact date of the accident.
2 - Your policy's BI and PD liability limits.
3 - Were you sued? In other words, served a court summons and complaint that you turned over to your insurance company?
4 - If yes to 3, how much were you sued for?
5 - Were you and your BF both named as Defendants?
6 - The check your company is ready to write, how much is it for and is it for a negotiated settlement for which your company will get a release or is your company just going to pay limits after which it has no further obligation to you? That's a question that you'll have to ask your company's attorney or claim rep and it's critical to our discussion.

 

[army judge]

Marriage was being talked about at the time renewal of insurance. And yes I realize my lawyer is the person I need to be talking with, however I wanted to see other valued opinions or thoughts, as is yours.

Don't allow anyone's finances to become entangled with yours, unless you're married, and even then a prentuptial agreement should be considered.

Take your situation, for example, why does HE refuse to cooperate with you?
There's no VALID reason for him NOT to help you. NONE.
The fact that he can delay, maybe even destroy, your ability to get reimbursed should stimulate your "spidy senses"!