QUESTION
Can my previous insurance sue me for personal injury when someone else was driving?
Asked on Feb 27th, 2013 on Personal Injury - Michigan
More details to this question:
I had 2 vehicles registered and insured in 2010. My sister would use the spare vehicle. She got into an accident were she was at fault. I the policy holder wasn't present. My sister had a valid license. I just got a small claims letter stating I have to appear in court for personal injuries that was paid by my insurance. It’s states we owned and negligently operated a motor vehicle causing personal injury benefits to be paid. Please help.
13 ANSWERS
Your insurance company should defend you. Make a demand on it. If it won't help, you might sue it for bad faith.
Answered on Apr 01st, 2013 at 2:44 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Contact your own insurance carrier and send them the suit papers. From what you've said here, it seems your insurer should be protecting you on this. If the plaintiff has already been paid and signed a release, he or she has no business filing in small claims or elsewhere. Good luck.
Answered on Feb 28th, 2013 at 7:20 PM
If the car was insured and the amount paid by your insurance was within the policy limits, the insurance company is not entitled to get that money back from you. That is what insurance is for. Unless the person who was driving was a specifically excluded driver whom you allowed to drive the vehicle, then you might be on the hook. Are you sure it is the insurance company who is suing you? Or is the insurance company asking you to appear as a witness because the person who was injured is suing.
Answered on Feb 28th, 2013 at 7:15 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The owner and the driver of an auto are both liable for the negligent operation of a vehicle. don't know why you are in court if your company has already paid the damage. Doesn't make sense. Get you a good lawyer and let him figure it out.
Answered on Feb 28th, 2013 at 7:06 PM
Accidents Attorney serving Boston, MA
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Kelly & Associates Injury Lawyers
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It is unlikely that you can be held liable for your sisters negligence. Mere permissive use of a vehicle within the family circle does not hold the owner liable for damages unless the use was related to some business purpose or if the permission was given negligently (for instance you knew that she was a poor driver). See 11 Mass. Prac., Motor Vehicle Law And Practice 5:17 (4th ed.) for a more intense explanation of MA law on the subject. It may be the case that you need an attorney to resolve this issue.
Answered on Feb 28th, 2013 at 7:01 PM
James Eugene Hasser
Call your insurance company and let them know immediately. They will assign you and your sister a lawyer or lawyers, depending on who is being sued for what. You can be liable only if you knew your sister was an incompetent driver and you let her drive your car anyway.
Answered on Feb 28th, 2013 at 8:43 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, the owner of a vehicle is as responsible as the negligent driver if the driver was using the vehicle with your permission.
Answered on Feb 28th, 2013 at 8:42 AM
The situation you describe seems a bit confused. You should contact your insurance company and see what is going on and then perhaps contact a personal injury attorney. As owner of the car, you are liable jointly with your sister for the first $15,000 in damages [if they get $15,000 from her then you owe nothing], but since it was not being used as your car, your insurance company may be saying there was no coverage. A demand normally has to be made before suit can be filed.
Answered on Feb 28th, 2013 at 3:54 AM
If you let her drive the vehicle and she causes an accident you can be held liable. Its called negligent entrustment.
Answered on Feb 27th, 2013 at 11:01 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Depends on your policy and was she a registered driver or on the policy? Was she living with you and did you fail to inform the insurance company. All of these would impact on why you are being sued by the company.
Answered on Feb 27th, 2013 at 9:43 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Something is amiss here. Are you sure you are being sued by your own insurance company? Your own insurance company should respond/defend any claims vs. you, your sister if she caused injuries to others in a car crash. The injured folks should have gotten their PIP/No Fault benefits from their own insurance company. Neither your insurance company, nor their insurance company should be able to sue you for benefits that were paid out if your insurance was in force and effect on the date of the crash. If indeed it is your insurer suing you, you should consult counsel immediately and bring them the policies, the declaration sheets, the police report and the suit papers for review.
Answered on Feb 27th, 2013 at 9:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to see your policy but that should be covered except the deductible.
Answered on Feb 27th, 2013 at 9:07 PM
Ronald A. Steinberg
Contact your insurance company.
Answered on Feb 27th, 2013 at 9:01 PM