What to do about liability stemming from a car accident?

2 years ago my fiance put his girlfriend (at the time) on his car insurance. She had an accident and the other party involved claimed whiplash and has been putting in claims for this. My fiance just received a questionnaire inquiring about his current assets. Upon questioning his insurance company, he found out that she has exhausted the insurance funds and is now trying to find out how many assets my fiance has to see if she can sue him. Should we be worried? My fiance has no assets, only loans.

Asked on November 1, 2011 under Personal Injury, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you and your fiance are right to be worried. If the insurer did not execute a settlement with this woman, such that in exchange for whatever payment(s) they made, she gave up all claims or right to sue from the accident, then she could sue him for any damages she can prove, over and above the amount she has already received. While he may be relatively

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