affidavit from car accident

Last fall I accidentally rear-ended a car at a stop light. I have full coverage but now their lawyer is asking me to sign an affidavit to see if I have assets and it would be in my best interest to do so. I’m a 55 year divorced woman, I live paycheck to paycheck I owe $1200 on my visa and $1200 on a doctor bill and $6500 on my car and the blue book it is only worth $6200 to $7100, I have used furniture and I rent for $900 a month I really have nothing. Should I fill out the form? I don’t want them to start garnishing my wages or something lie that. The lawyer said if I don’t fill it out they can come after me personally. What should I do? and what can happen to me financially?

Asked on March 7, 2018 under Accident Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You are very wise to question this.  I am hoping that you reported this to your insurer and if you did, there is a claim open and an adjuster assigned.  If there is a lawsuit then you should also have your own attorney.  Sed the affidavit to your insurance company.  If the lawyer and your company are involved in negotiations then the affidavit should have come from your company or the lawyer representing you.  I would also advise that you do not talk to the lawyer anymore and refer him to your adjuster.  If you have a lawyer and he is contacting you directly he is in the wrong and could face serious repercussions.  Good luck.

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