Is the other driver personally liable for my injuries after a Florida car crash?

Some people think that when you file a lawsuit or claim for personal injuries, you are going after the other individual, personally.

This is not true. In almost every scenario, even though you must name the other person individually, their insurance company steps in on their behalf to do what is called “defend and indemnify” their insured driver.

That means they assign them an adjuster to handle the claim, and for a lawsuit, they provide them with legal defense counsel.

In most instances, they will be paying any settlement or satisfying any judgment, up to the limits of the insurance policy purchased.

However, if the other driver’s insurance company had an opportunity to resolve the claim within the policy limits, and instead chose not to pay and to defend, often they will issue what is known as a “blue sky” letter to their insured. This type of letter generally assures the insured that , in the event of an excess verdict, the insurer will indemnify the insured for the excess.

Rarely is the other person liable beyond the limits of the coverage they purchased.

If you’ve been injured in an accident, or have questions regarding Florida motor vehicle insurance, please contact us today.