Legal Question in Personal Injury in Florida

My car insurance company is recommending I increase my coverage limits becuase I own a home. I have the state required minimum coverage. If I am at fault and my policy pays the full amount of my coverage can I be personally held respobsible for the balance of the damages? Can they "go after my house", 401K, savings account, automobile, etc?


Asked on 12/02/09, 2:22 pm

5 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The minimum under Florida law is not much. You do not have any coverage to protect you if you permanently injure someone. Yes, they can come after you if there is not enough insurance. They cannot force a sale of your house, but they could put a lien on it.

Read more
Answered on 12/07/09, 2:36 pm
David Slater David P. Slater, Esq.

Yes 100/300 is the least you should have. You should also obtain underinsured coverage in case you are in an accident with someone who has less than you or nothing.

www.bocadelraylawyer.com

Read more
Answered on 12/07/09, 2:38 pm
William Gwaltney William W. Gwaltney, Attorneys at Law

Yes, you can be held responsible for any damages owed above your policy limits. Your home equity may be protected in most cases, but any judgment creditor would still have a lien on the property in the event that you sell it. Most other assets are able to be attached if there is a judgment. I typically recommend higher than minimum limits for everyone because the minimum requirements are not sufficient to cover anything.

Think of it this way. If you were involved in a crash that was not your fault, how much coverage would you want the other driver to have? If they had minimum policy limits and you had medical bills that were $50,000.00 you would have to hope they have some other assets that you could go after.

Read more
Answered on 12/07/09, 2:52 pm
Angelo Marino Angelo Marino Jr. PA

See www.ConsumerLawyerHelp.com for what they can go after under garnishment. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.

Read more
Answered on 12/07/09, 4:18 pm
Lesly Longa Longa Law P.A.

I would not recommend the minimum insurance policy either. However, they cannot force the sale of your homestead under Florida law. For legal advice, contact an attorney.

Read more
Answered on 12/07/09, 5:31 pm


Related Questions & Answers

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