QUESTION

If my daughter has an at fault accident in my auto can I get sued?

Asked on Jan 23rd, 2012 on Personal Injury - Georgia
More details to this question:
My daughter is on my insurance policy, and I want to know if she has an accident in my car and it is her fault can the other person sue me or just the insurance company.
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3 ANSWERS

Sam Louis Levine
Yes, you can be sued if your daughter was residing in your household at the time of the car accident. In that case, you would be legally liable under the georgia family purpose doctrine. You want to avoid litigation & put pressure on your insurance company to settle any claims. Do not let them pressure you into doing something that serves their best interests & not yours. Good luck & take care.
Answered on Feb 20th, 2012 at 10:19 AM

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Personal Injury Attorney serving Marietta, GA at Law Office of Ronald Arthur Lowry
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If your daughter lives in your house, you are the head of the household, the car belongs to you and she is driving with your permission yes you can be sued and held responsible for her negligence. Usually when this happens the driver and the parent are both named as defendants but that is not required. Your automobile liability insurer pays for a lawyer (which they get to choose) to defend both you and your daughter in the case. The insurer is responsible to pay the jury award (or amount of the settlement if the case is settled without a trial) up to the limit of the policy. If you try the case and the jury returns a verdict in excess of the policy limit of your policy you have to pay the difference between what the insurance company paid and that amount.
Answered on Feb 20th, 2012 at 10:07 AM

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Family Attorney serving Atlanta, GA at Speaker Law Firm
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Yes, it is your vehicle and you are responsible for the driver. You always sue the person who hit you, not the insurance company. The insurance company was not driving the car.
Answered on Feb 17th, 2012 at 1:54 PM

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