Question

My Insured may be liable?

Asked 8 February 2013 · 1 answer

The question

I recieved a letter in the mail written with an Attorneys stamp at the top. I was involved in an incident in South Miami with my step-niece. She was highly intoxicated and verbally assaulting everyone that was on the porch of the condo we were staying in. She was asked several times to go to her room, to which she just ignored and continued the verbal assult. After the thrid time in my face screaming and swearing at me, I put my hand on her chest and slowly walked her backward to the door to enter the condo. I did not push, hit or hurt her in any way. She proceeded to start clawing at my eyes with her fingernails, and I simply moved her out of my way to avoid a fight. She managed to knock down a large ceramic vase that was empty except for some slimey liquid. The vase shattered upon impact of the porch, spilling the liquid everywhere. I was not intoxicated and I retained my balance. However, she managed to slip and fall into the middle of the smashed pieces, cutting her foot, extending to her achilles tendon, I believe. There was no police report made, or any type of report made. This was in Sept. 2012. I recieved a letter dated Jan. 17,2013 stating that my insured may be liable for this incident. They are requsting insurance information to complete "their" investigation, pursuant to Florida Statute 627.4137. It also states if my Insurance carrier discovers any facts which require an amendment to the foregoing statement, the statute requires the carrier to amend the statement immediately upon discovery. What are my rights as I was not at fault for her intoxicated behavior and circumstances from such behavior.

Very Kindly,

Leanne

From the LawyerCentral forum archive. Originally posted 8 February 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 16 April 2013

Before handing over any personal or insurance information to anyone, I think it would be wise speak with an attorney in your area and explain to them the details of the situation. I'm not a lawyer. That being said, I need clarification on some of the things you stated in your question:

Is your step-niece listed under your insurance? Or did her own insurance company contact yours?

Have you been in contact with your step-niece since this happened?

Have you received any paperwork indicating that your step-niece is attempting to sue you for liability for her injuries?

I could be totally off, but if I'm understanding what you're asking correctly, it seems as though the insurance is investigating her injury because her intoxication may have had something to do with it.

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