If I got an “affidavit of no additional insurance”, what should I do and what does it mean?

UPDATED: Jul 27, 2011

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If I got an “affidavit of no additional insurance”, what should I do and what does it mean?

I was in a car accident last year and today I received a letter from my car insurance company stating that the other party is asking me to sign an affidavit of no additional insurance as a condition to settlement. At the time, I was driving a vehicle that was listed under my dad’s name and I believe he has basic insurance maybe $15,000/$20,000 in the state of FL. What should I do about this document? I would like to have this case in the past and have it settled by my insurance company, but I’m afraid they’ll just use to to serve me a lawsuit and make me pay over my coverage.

Asked on July 27, 2011 Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Please take the documentation that you have received from your insurance company to an attorney to review on your behalf.  An affidavit of no additional insurance can also be known as an affidavit of no excess insurance.  It is usually a request made of you through your carrier bu the attorney for the other side (who is injured) and an assurance that there is not additional coverage that the injured party can go against before they settle the claim.  It sounds a sif your insurance carrier is tendering (giving) the entire policy limits for settlement. What you have to make sure of is the following:  what has your insurance company offered?  Is it in full settlement of the claim against you and WITH PREJUDICE, meaning that they can never come after you for this matter ever again?  Ask the carrier to send you something IN WRITING as to all of this.  Then Please, please, please have it reviewed.  Good luck.

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