QUESTION
If I have been served with a civil suit for hit and run as the car owner, what could happen?
Asked on Jun 20th, 2011 on Personal Injury - Florida
More details to this question:
My husband was driving without a license and he hit and run. This happened last year. Now I was just served with legal papers of a civil suit from the owner of the other car. Both my husband and I are named on the suit him for being the driver and me for being the registered owner and allowing him to operate the vehicle. I want to know my options. I also would like to know if this would affect my license.
23 ANSWERS
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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Generally, if you were insured at the time of the collision, your insurance carrier will provide you with a defense to the lawsuit. You may want to notify the insurance company as soon as possible, depending on the language of your contract with the insurance company. Otherwise, you will have to file an answer to the lawsuit and should speak with an attorney as soon as possible.
Answered on Oct 25th, 2012 at 1:51 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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A civil suit will not affect your license to drive. It may affect your insurance rate though. You should contact your insurance company as they are obliged to defend the lawsuit on your behalf. If they determine that they are not so obliged (possibly because husband was unlicensed and therefore not a "permissive" driver) then you will have to hire a lawyer to defend you in the lawsuit, otherwise you would have to defend yourself or risk getting a default judgment against you.
Answered on Jun 23rd, 2011 at 11:03 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If he had your permission to drive the car then you are on the hook.
Answered on Jun 23rd, 2011 at 10:06 AM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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If you had insurance on the vehicle at the time of the accident, you need to contact your insurance company immediately and notify them of the lawsuit. They will handle it from there, including hiring an attorney on your behalf. If you did not have insurance, you need to contact a lawyer to defend you. The worst thing you can do is ignore the suit and allow the plaintiff to take a default judgment against you. There is a time period in which you must file an answer to the suit, in Texas it is by 10:00 am on the Monday following the expiration of 20 days from the date of service. Make sure you get an answer on file prior to that deadline.
Answered on Jun 23rd, 2011 at 9:38 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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The best option is to give the lawsuit to your auto insurance and let them defend you. In CA the owner of a vehicle is liable for up to $15,000 in damages even if they were not in the car. If you knew he was an unfit driver they can proceed on a theory of negligent entrustment and try to get more. Your license will not be impacted at all.
Answered on Jun 23rd, 2011 at 9:21 AM
First, you should contact your insurer. If you are uninsured, you should consult with a lawyer. As to your license, simply being sued will not affect your license in Oregon, Washington or Montana.
Answered on Jun 23rd, 2011 at 9:20 AM
Personal Injury Attorney serving Huntsville, AL
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Watson McKinney, LLP
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If you have insurance, you should call your insurance company first.
Answered on Jun 22nd, 2011 at 3:06 PM
I suggest that you obtain and consult with a personal injury attorney to protect your interest as a co-defendant in the lawsuit.
Answered on Jun 22nd, 2011 at 2:39 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you had insurance at the time turn the papers over to the insurance company. If you did not have insurance hire you a lawyer and move quickly. If they get a judgment against you your license could be affected.
Answered on Jun 22nd, 2011 at 2:39 PM
Steven D. Dunnings
You need to get a lawyer to help you. At a minimum you need to file an answer to the complaint within the time period indicated on the summons. Your failure to do so will result in a default judgment against the both of you and the Plaintiff will be able to get almost as much money in damages as he or she wants. Your license should not be effected, but that should be the least of your immediate concern.
Answered on Jun 22nd, 2011 at 2:35 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you didn't report the accident to your insurance company, do so immediately. If you carried Bodily Injury liability insurance, it may provide a defense and coverage for this incident. If you didn't have BI coverage on the car involved in the accident, then consult an attorney immediately, since you have to file a written response in the court file within a finite period of time (in Florida, it's 20 days) otherwise a default will be entered against you. If you can't afford a lawyer, then go to the courthouse and talk with the clerk, and he or she will probably help you fill out what's called the style of the complaint, and then just write on the paper that you deny everything alleged in the complaint.
Answered on Jun 22nd, 2011 at 2:35 PM
Theodore W. Robinson
While it will not likely affect your license, it will affect your insurance premiums and the size of the suit could impact upon your personal belongings if a Judgment is obtained against you.The law suit should be submitted to your insurance company for defense and depending upon the size of the amount of money being demanded, you may need to hire an independent lawyer as well to defend your interests. Good luck.
Answered on Jun 22nd, 2011 at 2:18 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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As long as you were insured, you are fine. Turn it over to your insurance company to defend. If not insured, you need an attorney to defend your interests, or you could have your license suspended because of a defaulted civil suit.
Answered on Jun 22nd, 2011 at 2:14 PM
Business Attorney serving North Andover, MA
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Law Offices of Andrew D. Myers
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Run don't walk to (1) your insurance agent to see if it is not too late to have the insurance company defend you, it's what they do, (2) to a civil attorney to otherwise help to defend you. As the owner of the vehicle, yes, you do face potential liability for this.
Answered on Jun 22nd, 2011 at 1:42 PM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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It probably will not affect your license since you were not driving. However, you should hire an attorney to represent your interests or, even better, contact your insurance company so it can hire a lawyer for you.
Answered on Jun 22nd, 2011 at 12:01 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Contact your automobile liability insurance company immediately and make arrangements to have the suit papers delivered to that insurer ASAP. The insurer will have to provide an attorney to represent you and your husband. I will leave it to that attorney to explain the specifics of your potential liability to you.
Answered on Jun 22nd, 2011 at 11:35 AM
Personal Injury Law Attorney serving Kalispell, MT
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McGarvey|Anderson PLLC
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Contact an attorney in your area immediately. This is a serious matter that requires legal attention.Failing to respond to the complaint will lead to a default judgment.
Answered on Jun 22nd, 2011 at 11:26 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You should turn it into your insurance company. They will probably defend the lawsuit. It should not affect your license if no one reports it to the police. There is a sort of "catch -22". If he was driving without your permission, your insurance may not cover the damages. If he had your permission, you might get charged with allowing an uninsured driver drive your car. I do not know the penalty off hand, but I do not think it suspends your license. Which option is best depends on how much their damages are, and whether your husband owns real estate, stocks, etc. If he owns nothing, it may not matter that they get a large judgment against him, they can't collect anyway (you should not be liable if he didn't have permission). If he owns a lot, and their damages are a lot, it is better to have insurance coverage.
Answered on Jun 22nd, 2011 at 11:19 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If its only civil, and your husband did hit and run, be thankful he is not being criminally prosecuted. As the owner, you are liable up to $15,000 for personal injury and $5,000 for property damage: Vehicle Code 17151. (a) The liability of an owner, bailee of an owner, or personal representative of a decedent imposed by this chapter and not arising through the relationship of principal and agent or master and servant is limited to the amount of fifteen thousand dollars($15,000) for the death of or injury to one person in any one accident and, subject to the limit as to one person, is limited tithe amount of thirty thousand dollars ($30,000) for the death of or injury to more than one person in any one accident and is limited to the amount of five thousand dollars ($5,000) for damage to property of others in any one accident. Your husband is liable for all damages caused by him. However, since this is a community property state, you are liable for the debts of your husband incurred during marriage. As to your license, I do not think you are affected at all, but he could be if it is turned into DMV.
Answered on Jun 22nd, 2011 at 11:19 AM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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A civil suit shouldn't affect your license at all; but you need to immediately contact your insurance company. They will retain an attorney to represent you and defend you and your husband from the lawsuit.
Answered on Jun 22nd, 2011 at 11:05 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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Yes, it can potentially. You need to hire a lawyer; it's nothing to screw around with.
Answered on Jun 22nd, 2011 at 11:05 AM
If you have insurance coverage, tell your insurance company. They should be able to provide you a defense, including an attorney, at no cost (other than the insurance premiums you were paying at the time of the accident).
Answered on Jun 22nd, 2011 at 10:56 AM
Workers Compensation Attorney serving West Palm Beach, FL
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You and your husband need to speak to or hire a criminal attorney to protect yourselves. Also call your auto insurance company and they should handle the lawsuit for you.
Answered on Jun 22nd, 2011 at 10:52 AM