r/Insurance • u/Extension-Method3581 • 16h ago
Auto Insurance Affidavit of no extra insurance
So I got into an accident about a month ago. Yes, I was at fault. Information was exchanged and insurance contacted. Fast forward to now, I received an affidavit from my insurance (progressive) saying that the other party lawyered up and that the other parties lawyer is asking for this information. They're asking if I have any other insurance and also my assets. I dont have assets like that. Just my car and whatever money is on my bank account. Mind you the accident was very minor left literally no visible damage on her car just a small little dent but she's claiming bodily injury. I'm surprised that things are being taken this far but here I am. My question is do I sign the affidavit and send back considering that it came from my own insurance saying that the other parties lawyer is requesting it?
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u/coffeen_diamonds 16h ago
Honestly, it’s up to you. Some states require a disclosure form to be sent, check if this is applicable for you. If they did, then you can refer to that. Otherwise, if you have no other insurance or an umbrella then it should be a pretty easy form to fill out. The ones to be careful with are the financial affidavits.
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u/LeadershipLevel6900 13h ago
In a lot of states attorneys are asking for this on day one. Washington, Nevada, California, Florida, Georgia, Alabama, New Mexico, Missouri, Oklahoma are the big states where I see these coming in on day 1. Most of these attorneys require it as a condition of settlement so it’s easier to do it now than later. It doesn’t mean you’re being sued or that the claim is worth your limits. This is just how the climate is.
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u/Much-Sun-3387 14h ago
I work in personal injury as a paralegal. The reason you are being asked to sign is because the injured person’s claim value exceeds the policy limits. Your insurance company is agreeing to pay the policy limits but the attorney’s office needs to know there are no other layers of insurance and no assets available to cover any other value on the claim.
If you have no assets and no other insurance, sign the affidavit. If you refuse to sign them, the attorney may choose to pursue a lawsuit and you directly. That’s not a promise, but that is a consideration on their part. They do not want to sue you. They want it documented in their file that you’re confirming you have nothing else so they can show their client they did their job.
Sign the affidavit. It makes things easier and the attorney can then get their client to agree to the settlement on the table.
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u/Sad_Ad_2524 13h ago
Now I am wondering what OP's policy limits are that the injured party's claim exceeds it in what was described as a minor accident.
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u/Much-Sun-3387 12h ago
In my experience, unless someone requires surgery, usually this is a situation with state minimum policy limits. State minimums can range from $10k on up, depending on the state (each sets their own). It’s very common and nothing wrong with it, it’s just also easy to each that level of claim value and a lot of insurance carriers will just pay the policy limits when they are minimum because their duty is to protect their insured.
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u/Sad_Ad_2524 11h ago
That was my thought, has to be $10k and the carrier is just gonna try and max it out and be done with it.
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u/ektap12 16h ago
If there's no reasonable expectation that the claim is even worth your policy limits, don't worry much about this affidavit, the attorney just send these things on every claim to fish for information. Up to you on returning it, in this case, I personally wouldn't at this point.