QUESTION

Can I get sued if I'm the owner of the vehicle but was not driving?

Asked on Dec 18th, 2013 on Personal Injury - Rhode Island
More details to this question:
My boyfriend was driving my car, which he usually does when I'm with him. We were on our way to his house, and he lives farther south than me. Well we were expecting a winter storm soon and on the way there it started snowing real bad. He lives off of a country back road so when we got off the highway, the road was bad. About 5 minutes down the road, we lost traction and the car wouldn't follow the turn we were coming up to. So we ran off the road, went down a steep hill and headed complete impact into a concrete wall that is along a creek. The back two passengers and I were able to get out the car with moderate injuries. But he got pinned to the steering wheel and was in critical condition. He was in the hospital for 9 days, had to have a rod placed in his leg plus many more injuries, wonโ€™t walk for about 3 months and he has to have therapy. So I know for sure, his med bills will be well over 100k. My insurance covers licensed drivers and we both have full coverage. Well when I talked to my insurance adjuster she said I only have $1000 per passenger to pay towards their medical bills? Mine alone are $2500. So they wanted me to make a claim on his insurance to cover the rest of the medical for everyone. But his company said he didnโ€™t need to make a claim. So I made the claim with them and the lady I talked to said that in this situation the driver is responsible, but I read that the owner of the vehicle would be held fully responsible. My boyfriend knows how they try to screw you in situations like this so he just wants all of our bills paid for, and my car replaced. When he talked to my adjuster she was practically saying his bills wonโ€™t be paid for and that his company is paying my car off. All I will have coming back is $267, after the car pay off. His lawyer wants to sue me but I want his bills paid for. I got a lawyer to make sure we get what we want. He doesn't want to sue me but his lawyer might do it anyway. I donโ€™t know what to do?
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5 ANSWERS

Ronald A. Steinberg
If the vehicle is being used with the owner's permission, then the owner is liable as well as the driver.
Answered on Dec 20th, 2013 at 10:33 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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You mentioned that you had retained a lawyer. If you have, you should be asking your lawyer what to do. You may want to note that in Michigan it is each injured person's own car insurer that will pay for their own medical bills without regard to fault in the crash. You may also want to note that an owner of a vehicle retains liability for the negligent operation of their motor vehicle per the owner liability statute, so the passengers could sue you and the negligent operator if they can show that they suffered threshold injuries. However, you may not sue yourself and the negligent driver would be unlikely to have a basis to sue you. Further, whenever you are sued, you simply turn the matter over to your own insurer and they provide a lawyer and a defense.
Answered on Dec 20th, 2013 at 10:32 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Owners and operators are generally responsible for the operation of a motor vehicle. you will never get "what you want" the driver may be held liable.for negligent operation and may get nothing. I would suggest that you take the advice of your attorneys.
Answered on Dec 20th, 2013 at 10:31 PM

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James Eugene Hasser
You can get sued, but you would have no liability. If you do get sued, turn the paperwork over to your insurance company and let them handle it.
Answered on Dec 20th, 2013 at 10:31 PM

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In California, where I suspect the accident did not occur, the owner of the vehicle is jointly liable up to $15,000 [i.e., if the at fault driver had $10,000 insurance you might have to pay up to the $5,000 difference].? That is the only liability the owner of the car has.? Where every you read that the owner is fully liable is wrong, at least in California, and I suspect every where. ? The only person at fault for the accident is your boyfriend, so he can not make any claim against your insurance or successfully sue you [your attorney should have told you that].? Your med pay provision pays for medical treatment up to a certain amount for the medical bills for the injuries caused to you and your passengers. You have the right to sue him, but he has no right to sue you.? I suspect your boyfriends lawyer is trying to pull a fast one over the insurance company by alleging your were driving.
Answered on Dec 20th, 2013 at 10:30 PM

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