Legal Question in Personal Injury in Florida

car insurance for accident

My wife and I just divorced officially on Jan 31st. She has been living in her own apartment for the past 8 months while we considered working it out. We are still very close and hard a very difficult decision that we now regret. She is still on our auto insurance for her (the same) car with no lapse in payment. It lists our, now my, home as her address. About six weeks after the divorce (three weeks ago) she was involved in a very serious car accident. It was not her fault. She was hit by a drunk driver who hit her from behind at 60mph while she was stopped at a red light at night. It is listed as her car, has been for 3 years, our payments have always been paid by me on time and we both have good driving records. The other drivers insurance is probably going to offer the limit. Do you think, according to Fla law, that she will be covered by hers (ours)? I read on my policy that misrepresentation is a misdeamor. I would happily pay the fine. Is there a grace period to transfer? Thank you.


Asked on 3/30/08, 11:34 pm

5 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: car insurance for accident

I assume you are referring to underinsured coverage. She should still have a claim. I suggest you retain counsel. good luck.

Read more
Answered on 3/31/08, 8:15 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: car insurance for accident

She probably ought to speak with a lawyer to be safe, but she should be fine. The real question is whether she had underinsured motorist coverage. If there is coverage and if the carrier will immediately or quickly tender DO NOT sign up with a lawyer that wants a third or even 25% of the recovery. Someone will do it much less expensively than that. Don't get ripped off. Call if you have questions.

Read more
Answered on 3/31/08, 8:20 am
Steven Meyer CPLS, P.A.

Re: car insurance for accident

Your wife really needs to consult with an attorney knowledgeable in this area. If, for example, she accepts payment of the policy maximum from the at-fault driver's insurance company, without obtaining approval from your insurance company in advance, then she may waive any right to claim underinsured motorist benefits from your insurance company. There are many issues for her to be aware of. We would be happy to discuss the situation with you. We offer a free initial consultation.

Read more
Answered on 3/31/08, 9:48 am
Steven Meyer CPLS, P.A.

Re: car insurance for accident

Your wife really needs to consult with an attorney knowledgeable in this area. If, for example, she accepts payment of the policy maximum from the at-fault driver's insurance company, without obtaining approval from your insurance company in advance, then she may waive any right to claim underinsured motorist benefits from your insurance company. There are many issues for her to be aware of. We would be happy to discuss the situation with you. We offer a free initial consultation.

Read more
Answered on 3/31/08, 9:53 am
Steven Meyer CPLS, P.A.

Re: car insurance for accident

Your wife really needs to consult with an attorney knowledgeable in this area. If, for example, she accepts payment of the policy maximum from the at-fault driver's insurance company, without obtaining approval from your insurance company in advance, then she may waive any right to claim underinsured motorist benefits from your insurance company. There are many issues for her to be aware of. We would be happy to discuss the situation with you. We offer a free initial consultation.

Read more
Answered on 3/31/08, 9:55 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Florida