Affidavit Car Accident Insurance Claim – After a car accident, one of the most important steps to take is to identify all available insurance policies. You need to learn the full extent of your insurance coverage to maximize your potential recovery. In the personal injury field, we use a form commonly called a “Statement of No Other Insurance” or “Statement of Insurance.” But what is a declaration of another insurance? How does it work? Check out our video and the following blog post.
In any car accident case, you need to find out what insurance is available to compensate you for your injuries. This is obvious. Does a negligent driver have $10,000 coverage? $25,000 in coverage? $250,000 in coverage? Of course, the amount of coverage affects many things including, of course, your ultimate recovery.
Affidavit Car Accident Insurance Claim
In most cases, your personal injury attorney will send a letter to the at-fault driver’s insurance company asking for insurance information. Under Section 627.4137 of the Florida Statutes, when you request insurance information, the insurance company must provide certain information. This includes the name of the negligent driver, the name of the insurance company and the policy limits.
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But this begs the question. How do we know that the negligent driver has disclosed all insurance information? Or are there other insurance policies that provide coverage?
At this point, you should submit an affidavit that there is no other insurance. What is he looking for? Here is the pattern I use in my practice:
As you can see, the affidavit asks the negligent driver to identify all of their vehicles and whether any potential family members have insurance. Why ask for this information? Because in certain circumstances these other insurance policies may provide coverage for your loss. And if your injuries are serious, additional coverage can go a long way in keeping you financially protected.
Additionally, and as you can see, the affidavit asks the negligent driver to disclose whether he or she was up to date and the extent of their employment at the time of the accident.
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If the negligent driver was working at the time of the accident, his or her employer could be liable for the accident. This, in turn, means that your employer’s insurance may apply to your accident.
In many cases, employers have large insurance policies. This will be very helpful if, again, your injuries are serious and the medical bills are large.
Fourth: How do we know the negligent driver is telling the truth in any other insurance statement
If you’re reading this post, you might be wondering: How do we know a negligent driver is telling the truth? What if he or she withholds or hides the existence of other insurance?
Aurora Car Accident Attorney
Unfortunately, this possibility exists. A negligent driver may not want to disclose the existence of other insurance policies.
A good way to protect yourself against this is to include specific language in your settlement agreement with the negligent driver. For example, you can include language in the notice that the settlement is void if you discover other insurance. Or, as another example, you can include language that the settlement only applies to that specific insurance policy.
In addition, in certain car accidents, it is common for plaintiffs’ attorneys to not only request a statement of other insurance, but also to request a financial statement. Why ask for a financial statement from a negligent driver? Because in some cases you will want to see if the negligent driver can make a personal contribution from their personal assets. To read more about car accident financial statements, click here.
If you have additional questions about insurance statements, please don’t hesitate to call us at (561) 246-4137 or contact us through our website here. Once the layout is complete, just follow the example below in writing your own damage statement to be used for an insurance claim:
What Is An Affidavit Of No Other Insurance?
I, (FULL NAME OF VEHICLE OWNER/POLICY HOLDER), of legal age, (civil status), Filipino and resident of (complete address), Philippines, having been duly sworn in accordance with law, do hereby revoke and say that :
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ________, in the year 202_, at ___________, Philippines.
The conspirator whose name and personal circumstances are above, personally appearing before me this ___ day of ________, in the year 202_, in the city of _________, Philippines, filed the above affidavit, signed the same in my presence and affirmed on oath that the accuracy of the contents or they state the same.
The accomplice is identified by the competent proof of identity, i.e. driver’s license number _________________ with his photograph and signature.
Beware! Claims Files Materials Held Discoverable When Relevant And If No Preservation Of Error
A: Often a personal injury claim is not accepted because it states a provision where a third party is involved or has a contributing factor to the property damage caused.
A: It should be the owner of the property involved or the person who injured its holders or predecessor in interest or his authorized representative.
When everything is done, print at least four (4) copies and the Conspirator must certify it to the Notary Public.
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