If a man riding a bicycle crashed into the car that my husband was driving and the police report shows the man is at fault, do we file a claim with auto insurer?

My husband was driving a friend’s car when I man on a bicycle crashed into the vehicle. The police report states the bicyclist is at fault. We received a letter from a lawyer asking for insurance information. But it wasnt my husbands car so hes not on the policy. What does he need to do since he is not on that policy? Can we be sued even though it was the bicyclists fault?

Asked on July 2, 2012 under Accident Law, Florida

Answers:

Micah Longo / The Longo Firm

Answered 8 years ago | Contributor

You should immediately turn the letter over to your insurance company.  Your insurance company has a fiduciary duty to defendant against any potential lawsuits.  Moreover, you are required to hand over your insurance information by Florida law.

 

My gut feeling is that the bicyclist’s lawyer is fishing.  He’s looking to see what kind of policy limits the owner and driver (i.e. you) have, because you are both potential targets.  

 

Florida is a comparative negligence state, meaning that even if the bicyclist is 99% at fault, he can still recover 1% of his losses.  Depending on the extent of his damages, it might be worth it for him/her to file a lawsuit.   

 

Thankfully, your insurance company will defend you in the event you are sued by the bicyclist’s lawyer.

david slater / david p.slater, esq.

Answered 8 years ago | Contributor

If your husband was driving with the owner's permission,  he is covered by that auto's insurance policy.   Notify the insurance carrier immediately.  


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