• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Should I sign an Affidavit of No Insurance?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jtadd

Junior Member
What is the name of your state? Connecticut

Hello, I was involved in a slow speed, minimal damage, auto accident in May of 2002. My recollection is that the police report indicated no fault to either party, although I cannot locate a copy (do I need to?). The driver and I verbally agreed we would take care of our own damage to the vehicles, however, the police officer took insurance info from both parties. The driver of the other car requested to have an ambulance take him to the hospital, although he appeared fine. I assume that no claims proceedings were instigated at the time as I heard nothing of the matter from my insurance company. Now it appears that the other driver has since obtained counsel and is claiming injury, and about 1 year ago I started to receive letters asking me to sign an "affidavit of no insurance". At this time it came to my knowledge that I was actually uninsured at the time due to a late payment. This was news to me since when I informally consulted with the insurance regarding the accident, they did NOT inform me that my coverage had lapsed.

Okay finally my question: I have not signed this affidavit and all that happens is that every 2 or 3 months I get another request to sign an enclosed affidavit of no insurance. Should I offer to sign it in return for a full release from the allegedly injured party? Does the other driver only need this to pursue his claim with his own insurance company? What liability do I open myself up to if I do sign it, and what liability would I have if I don't?

Thanks in advance for any advice.
 
Last edited:


stephenk

Senior Member
all that is being asked of you is to confirm that you were uninsured. by signing the document and returning it to the attorney, the other party can proceed with an uninsured motorist claim under their own policy.

if you ignore the letter, pretty soon you will be served with a lawsuit.

the choice is yours.
 

jtadd

Junior Member
Re: Should I sign an afidavit of no insurance?

Thanks for the advice stephenk, but I am curious as to why the law firm's letter never mentions a lawsuit will follow if the letter is not signed. Why would they be so patient in awaiting a response?

I have not replied because for 2 reasons 1) I believe the lawsuit to be frivolous, due to the slow speed of the accident and the fact that we spoke after the accident, and he said he was fine and then only later requested ambulance anyway. and 2) no consequences have been mentioned if I didn't.

New Questions: Should I expect to have to pay some sort of fine or a legal action retroactively, now that it has been discovered that my insurance was lapsed at the time?


2) Also from before: Should I try to get a letter that releases me from personal liability? I can't afford a personal lawsuit, but then again who can.

Thanks for your time
 
Last edited:

stephenk

Senior Member
if the accident and your lack of insurance was reported to your state's DMV, you can anticipate having your license suspended for lack of insurance.

you will not get any release of liability for just acknowledging you have no insurance.

Like i wrote earlier, if you acknowledge lack of insurance, the other party will proceed with an uninsured motorist claim on their own policy. However, their insurance company will later come after you to seek reimbursement of money they paid for property damage and personal injury to their insured.

if you dont sign the acknowledgement, the other party will just proceed to sue you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top