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Insuranceclever-stoat-297

Mom got a notarized affidavit request from insurance after old crash — should my girlfriend warn her dad?

Okay so this is a stressful situation and I'm trying to help my girlfriend navigate it because her family is kind of a mess about communication.

Basically: about two years ago, her aunt borrowed her grandmother's car without being listed on the policy. The aunt caused a pretty serious head-on collision — we're talking multiple people hurt, at least one with significant injuries that required surgery. It was bad.

Fast forward to now — out of nowhere, the grandmother gets contacted by the insurance company and they're sending over some kind of affidavit that has to be notarized. The document apparently asks about who was driving, mentions a bodily injury claim, and brings up the grandmother's assets. It's addressed only to the grandmother, not the aunt who was actually behind the wheel.

Here's where it gets complicated: the grandmother and grandfather are separated. The grandfather still lives at the family house — same house as the aunt, actually. The grandmother is being super vague about the whole thing and my girlfriend thinks she's deliberately keeping the grandfather in the dark.

My girlfriend is worried that: 1. The grandfather could be exposed somehow since they're still legally connected in some ways 2. The grandmother is trying to shield the aunt at everyone else's expense 3. Nobody is taking this seriously enough and it could blow up

Should she say something to her grandfather directly? Is there any reason an affidavit like this would leave out the actual driver? And what does it mean when insurance starts asking about assets specifically — that feels scary to me. Anyone dealt with anything like this?

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10 replies

  • 15
    bright-wolf-374

    When an insurance company starts asking about assets, that's not routine paperwork. That's them (or someone behind them) figuring out what's collectible if a judgment comes through. I'd be very worried if I were the grandmother right now. The fact that she's downplaying it makes me think she either doesn't understand how serious it is — or she understands exactly how serious it is and is hoping everyone stays calm while she handles it quietly. Neither is great.

    • 15
      bold-seal-224

      The affidavit asking who was driving is a really common move when there's a gap between the listed insured and who actually caused the crash. If the aunt wasn't on the policy, the insurance company may be looking for grounds to deny or limit coverage — and if they succeed, that could mean the grandmother is personally on the hook for the injured party's damages. Not saying that's what's happening, but the asset question combined with the driver question is a pattern I've seen before. The grandmother absolutely needs her own attorney before she signs or notarizes anything.

    • 20
      warm-swan-109

      I used to work claims and I'll tell you — when a file sits for two years and then suddenly there's an affidavit request, it usually means the injured party (or their lawyer) has been building a case and is now ready to move. The insurance company sending that document isn't them being helpful, they're protecting themselves. They want to establish facts on record that may limit what they pay out. The grandmother is probably getting played and doesn't realize it.

  • 13
    hearty-stoat-195

    Not legal advice, but I'll say this plainly: no one in that family should sign or notarize that affidavit without independent legal counsel reviewing it first. Affidavits are sworn statements — they carry real weight. If the grandmother signs something that misrepresents who was driving or her financial situation, that creates a whole new set of problems on top of the original claim. The grandfather situation is also worth sorting out, especially if they're still legally married or co-own property. He may have exposure he doesn't even know about.

    • 2
      curious-optimist244

      Same boat here. Did anyone mention a deadline to watch out for?

  • 6
    candid-beaver-050

    My family went through something kind of similar — unlisted driver, serious injuries, and the car owner ended up getting dragged into it even though she wasn't even at the scene. It was a nightmare. Please tell your girlfriend to push harder on getting her grandmother actual legal help. The people who get hurt in these situations are usually the ones who thought 'it'll probably just go away.'

  • 18
    quick-swift-380

    I really feel for your girlfriend here. It's so hard when you can see something bad coming and the people who need to act are either in denial or actively hiding things. She's not wrong to be worried. Just make sure she documents what she knows in case things get messier — for her own protection.

  • 9
    candid-crane-970

    Yes, tell the grandfather. Today. He deserves to know, especially if they share any assets or are still legally married. Your girlfriend shouldn't let family loyalty to the grandmother put her grandfather at risk. This isn't gossip — it's potentially his financial future.

    • 0
      soft-spoken-offramp393

      Exactly my experience. Persistence paid off in the end.

  • 12
    spry-mole-589

    Do you actually know if they're still legally married or just separated informally? That matters a lot here. 'Separated' can mean totally different things legally depending on where they live and whether any divorce paperwork was filed. Also — did the injured people already settle with the insurance company, or is this the first time anyone's heard anything since the crash? That would change what's actually going on with this affidavit.