Is it neccessary to complete a financial affidavit?

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Is it neccessary to complete a financial affidavit?

My boyfiend at the time was in a car accident in my car and he is not insured. My insureance company is paying for the damagesbut now they are requesting he fill out a financial affidavit.

Asked on April 23, 2009 under Accident Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your carrier has taken all claims you had against your boyfriend by its rights of subrogation. It can sue your boyfriend for the damages he did to your car that the insurance company paid for.

It is asking for a financial affidavit to determine if it will be worthwhile to sue him. If he has nothing they likely will go away. If he doesn't give the affidavit or he has attachable assets, they likely will sue him.  If he gives them a financial affidavit, it will also make it easier for them to levy on his assets when and if they sue him and get a judgment against him, so it's a Hobson's Choice in some circumstances if he has anything worth going after. But they may sue him anyway and hope he has assets and does not file for bankruptcy in the next few years.


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