QUESTION
Can you be sued for a car accident that you were not involved in?
Asked on Aug 11th, 2011 on Personal Injury - Florida
More details to this question:
At one point my wife had her mom, dad, brother, and she on one insurance policy. I believe her brother got in an accident and now she is being sued, is there a way to fix this or is she liable.
16 ANSWERS
Medical Malpractice Attorney serving St. Louis, MO
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Burger Law LLC
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She is not liable as she was not negligent. Have her tell that to her insurance company or their lawyer. Thanks.
Answered on Aug 16th, 2011 at 7:42 AM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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I would need to know exactly what she is being sued for and under what legal theory the claimant is making to include her in the suit. The fact that she was on the same insurance policy is not enough. If she is the owner of the vehicle and she loaned it to her brother, she could be sued under a negligent entrustment theory. This is when you allow someone to use your car even though you know they should not be driving, such as if they have been drinking or are underage.
Answered on Aug 15th, 2011 at 3:46 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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Just sharing an insurance policy with others is probably not enough to get you sued. However, usually people do not share just an insurance policy, they usually share a common vehicle. If the brother got into an accident in your wife's car, your wife could be sued for negligently entrusting the car to her brother. Without more facts it is impossible to tell you whether you wife is liable or not. It depends on what the brother did and how your wife is connected.
Answered on Aug 15th, 2011 at 1:44 PM
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Your wife may not be personally liable simply because she helped provide insurance for your brother. The facts and circumstances surrounding the accident can make her liable if she negligently provided a car to someone that she knew was a poor driver, or if he was on some kind of mission or errand for her. Otherwise the insurance provided would be the plaintiff's recourse.
Answered on Aug 15th, 2011 at 1:27 PM
Steven D. Dunnings
Whose name is on the title of the car involved in the accident?
Answered on Aug 15th, 2011 at 12:55 PM
Retaina defendant's accident attorney to consult with andrepresent your family members. Your wife's insurance may cover most, if not all, of the other party's injuries and damages if your wife's brother'snegligence caused the accident.
Answered on Aug 15th, 2011 at 12:55 PM
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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Your question is a bit confusing. If your wife had "title" to the car being used, she can be named in the suit even though not in the car when the accident took place. If your wife was simply one of several people covered by an insurance policy, I am unsure why she was named. Please contact an attorney and take the documents in for review.
Answered on Aug 15th, 2011 at 8:30 AM
Medical Malpractice Attorney serving Valparaiso, IN
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Langer & Langer Attorneys at Law
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The mere fact that someone is an additional insured on your insurance policy should not make you legally liable for the conduct of that person.
Answered on Aug 15th, 2011 at 7:11 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The owner of a car is responsible for its use as long as it is with permission. Let the insurance company deal with this. That is what you pay premiums for. It is not for you to worry about
Answered on Aug 15th, 2011 at 6:22 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There are some circumstances under which one can be held liable for a family member's negligence even when you are not involved in the accident. However, in most cases, you have to provide the vehicle to the family member. I would have to see the lawsuit to see what it alleges against your wife. Her insurance company will hire a lawyer to defend her, and the lawyer assigned to her will take action to get her dismissed from the suit if there are no grounds for liability.
Answered on Aug 14th, 2011 at 6:10 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Turn over to insurer. If not covered, then she needs counsel.
Answered on Aug 14th, 2011 at 4:02 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No one is liable for anything just because they are "on a policy". If she was at fault or if she was the titled owner, not the registrant which can be different from the owner, but if she actually owned the car, then she can be sued and held liable.
Answered on Aug 14th, 2011 at 3:37 PM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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Not usually. In almost all cases, it is the negligent driver alone who is considered liable. However, one exception would be if your wife owned the car and loaned it to her brother while knowing that the brother was a dangerous driver or one with a bad driving record. This is called negligent entrustment, and she can be liable if she shouldn't have loaned the car to the brother in the first place.
Answered on Aug 14th, 2011 at 3:25 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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She should immediately contact the insurance company and tell them she has been sued.
Answered on Aug 14th, 2011 at 3:08 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It may be that the Plaintiff's lawyer is suing everyone named on the policy just to make sure they have all possible parties, then they can let non-involved parties out. Your wife must bring this to the attention of the insurance company immediately if she has not already done so. The insurance company will (or has) assigned a lawyer to represent her, and that lawyer will handle it.
Answered on Aug 13th, 2011 at 1:20 PM
Workers Compensation Attorney serving West Palm Beach, FL
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Depend on who owns the car. Everyone who owns the car is liable. Also if a relative lives in house with someone who was injured then pip insurance could be used
Answered on Aug 13th, 2011 at 1:20 PM