QUESTION
Can I be sued for my girlfriend’s car accident if the policy under both name?
Asked on Aug 24th, 2012 on Personal Injury - California
15 ANSWERS
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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No, if your girlfriend was the negligent party, then she is the one who will be sued as she is the legally responsible person.
Answered on Jun 19th, 2013 at 12:24 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Were you a registered owner of the car?
Answered on Jun 13th, 2013 at 2:52 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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The driver and the owner can be sued. "Policyholder" doesn't mean anything.
Answered on Aug 27th, 2012 at 4:12 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If the vehicle and auto policy are in both names you can expect to be sued if she has a collision which is chargeable to her fault.
Answered on Aug 27th, 2012 at 11:22 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Yes. Vehicle and Traffic Law sec. 388 Good luck.
Answered on Aug 27th, 2012 at 11:22 AM
Dennis P. Mikko
If you are neither the driver or the owner of the vehicle you cannot be sued.
Answered on Aug 26th, 2012 at 11:34 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You probably cannot be sued unless you negligently entrusted the car to her, or unless the family purpose doctrine applies. The suit would be against her, and the insurance would cover the damage up to the policy limits.
Answered on Aug 26th, 2012 at 11:34 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Auto accident suit is based on the driver and the owner of the car. The name on the insurance policy does not impute liability.
Answered on Aug 26th, 2012 at 11:33 PM
1 Award
They will sue the driver and insurance company. You should not be liable for her accident.
Answered on Aug 26th, 2012 at 11:33 PM
Criminal Law Attorney serving San Diego, CA
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Lee Law Group DUI & Criminal Attorneys
Friend, NO. She is the one that was negligent no you. However, the other side will ask your policy to pay any damages IF they prove your girlfriend was at fault.
Answered on Aug 24th, 2012 at 11:46 PM
Criminal Defense Attorney serving Tarzana, CA
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The Law Office of Anthony A. Roach
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There's a difference between being sued and being liable. If you own the car, and your girlfriend was the driver, both of you can be sued and held liable.
Answered on Aug 24th, 2012 at 11:46 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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You can be sued in Michigan if (1) you were driving the car (pretty obviously); or (2) the owner of the car. Merely because your name is on the insurance policy doesn't, in and of itself, give rise to liability. On the other hand, it's not very likely that you would be buying a policy on a car you didn't own.
Answered on Aug 24th, 2012 at 11:45 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Unless you are, in part, responsible for the accident you cannot be sued for your girlfriend's accident. You do not provide any information so I cannot answer you may be partially at fault. There are very few circumstances in which you would be at-fault if you were not in the vehicle and it was your girlfriend's vehicle (owned by her and titled in her name only).
Answered on Aug 24th, 2012 at 11:45 PM
I would need to know more about the facts of the accident to definitively answer your question. The key issue is not whether you are both insured under the same policy but whether or not you were the registered owner of the vehicle she was driving. If she was driving a vehicle registered solely in her name, then you can not be responsible for the accident. If she was driving a vehicle that you were the registered owner of, then you are responsible for any accident she causes. In that situation, your liability is limited by statute to $15,000 for injury to one person, $30,000 for injury to all people injured in the accident and $5,000 for property damage. However, those limits of liability do not apply if you negligently entrusted the vehicle to her. In other words, if you knew she was a bad driver, and let her drive the vehicle, if they prove you negligently entrusted the vehicle to her, then you have unlimited liability. However, since you are apparently covered by insurance for this accident, then this is something your insurance company will take care of presuming your liability limits are sufficient to cover the amount of your liability for the accident. If your liability is limited as discussed above, then you will have enough insurance to cover the claim because your insurance limits have to be at least $15,000/$30,000 and $5,000 for property damage.
Answered on Aug 24th, 2012 at 11:45 PM
Real Estate Attorney serving Meadow Vista, CA
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The Meadow Law Group
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If you have ownership of the vehicle, you can be liable (and seek insurance policy coverage) if that vehicle was involved in an accident and the driver of that vehicle was at fault.
Answered on Aug 24th, 2012 at 11:44 PM