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Lawyer Lori
Lawyer Lori, Attorney
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Experience:  10 years of legal experience.
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I recently received an affidavit -no excess insurance from

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I recently received an affidavit -no excess insurance from my auto insurance company to sign. Apparently the person I had a minor fender bender with a year ago is a claiming an injury. A few questions: should I sign the letter and secondly should I be concerned about being sued? I am concerned about the latter because of the following statement in the letter from my insurance company: " I will make every effort to resolve this matter within you policy limit." Note: No official police report was made since it was a minor incident - only insurance info exchanged. I reported the incidence immediately to my insurance company. I live in New York state. Thank you
What the affidavit is seeking is that you do not carry any other liability insurance on the vehicle (excess liability or umbrella liability). The reason for this request is that some excess liability companies will agree to pay some of the legal fees related to this matter and/or some of the settlement monies. The statement as to "resolve this matter within" the policy limit means that they will make every effort to settle the matter without going over your limits as anything over your limits, if you don't have excess coverage, becomes your responsibility.

Both the affidavit and the "resolve" language are standard in a matter such as this. You should contact your adjuster and let them know that this was a very minor incident and you are requesting that: 1) they keep you advised as to the status of the claim; and 2) that there should have been no injuries relating to the minor incident.

Hope this helps. Good luck.
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