In the complex landscape of Florida car accident cases, financial affidavits often emerge as a critical element, especially in situations where insurance coverage fails to fully address the damages. These affidavits are particularly significant when the at-fault party's personal assets might be required to compensate for damages surpassing their insurance policy limits.
Why Financial Affidavits Are Relevant Despite Insurance Coverage
A common misconception is that car insurance absolves drivers from any personal financial liability in an accident. However, insurance policies have defined coverage limits. If an individual selects a policy with, for instance, a $10,000 limit for bodily injury, and they cause an accident with damages exceeding this amount, the insurer's responsibility is capped at the policy limit. The driver might then be personally liable for the remaining damages.
When Are Financial Affidavits Requested?
Financial affidavits are often requested by personal injury attorneys assessing whether the at-fault party can contribute additional funds to a settlement, especially when insurance limits are insufficient to cover the claimant’s damages.
The Necessity of Filling Out a Financial Affidavit: A Case-by-Case Consideration
It's important to note that in a pre-suit context, individuals are not legally required to fill out a financial affidavit. While these documents can be requested by attorneys during the pre-suit phase of a car accident case, you have no obligation to complete them without a formal legal mandate.
Each case warrants individual assessment to decide if completing a financial affidavit is prudent. In instances where the at-fault party possesses minimal assets and has low insurance limits, the affidavit might pose little risk. Conversely, in situations where significant assets exist, the affidavit could provide essential transparency, aiding in settlement negotiations.
Content of Financial Affidavits