QUESTION
Is my husband liable for the accidents that happened in the last two months?
Asked on Jul 02nd, 2012 on Personal Injury - California
More details to this question:
California: My brother-in-law is under my husband and I car insurance policy. In the past two months he has been involved in two accidents. One has resulted in the other driver threatening to sue him. With him under our policy, does it put us at risk of being sued as well? Especially, since my brother-in-law has limited assets and we, on the other hand, have a house?
8 ANSWERS
Criminal Defense Attorney serving Tarzana, CA
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The Law Office of Anthony A. Roach
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Carrying him as an insured under your policy does not make you vicariously liable for his negligence, unless there were some other facts. For example, if you owned the car that he was driving, or were employing him, then you could face liability for his accidents. Based on what you have stated, however, the only affect is going to be on your insurance coverage and how much you will be paying.
Answered on Jul 16th, 2012 at 8:51 AM
Jerome Marshall Applebaum
Yes, you are in fact at risk because your brother-in-law is an "also Insured" on your policy. Your carrier will surcharge you for anything it pays to third-parties on behalf of your brother-in-law under the contract of insurance, and it may also begin raising your premium rates, limit the range of coverage, ask you to dump your brother-in-law, and even cancel your policy. You and your husband should immediately record a Declaration of Homestead to protect your house/condo/co-op under just your names as husband & wife, and NOT include your brother-in-law's name on it.
Answered on Jul 16th, 2012 at 8:16 AM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Your liability for your brother-in-law's accident has nothing to do with his being on your policy. If you are the registered owner of the car he was driving, you can be sued, however, your liability as an owner of an involved vehicle is limited to $15,000 per person/$30,000 per accident. However, if you aren't the owner of his vehicle, you are not responsible for his accidents, even if he is on your insurance policy. Your insurance company might very well raise your rates, though, especially if your brother-in-law is found liable for an accident and the insurer has to pay damages to someone.
Answered on Jul 16th, 2012 at 7:57 AM
Personal Injury Attorney serving Irvine, CA
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Law Offices of C. Mark Hopkins
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1. If your brother-in-law does not actually reside inside your house, then he should not be on your policy. 2. Most auto policies exclude relatives being on your policy if they do not actually reside with you. You need to look at the actual policy language to determine whether or not your brother-in-law is excluded from coverage under your policy. 3. If you assume that there might be coverage under your policy, your husband's personal liability should be limited to $15,000, unless he knowingly entrusted the car to your brother-in-law, knowing your brother-in-law was a bad driver. 4. Point: stop letting the brother-in-law drive your cars. Good luck.
Answered on Jul 13th, 2012 at 11:55 PM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
Yes, you are at risk of being sued. Whether or not the lawsuit against you is successful will depend on if you and your husband were negligent in entrusting your car to your brother-in-law. This will depend on a number of factors. If you are sued, your insurance company will more often than not pay for your defense attorney. You may be responsible for any resulting settlement or verdict that is in excess of your insurance policy limits.
Answered on Jul 13th, 2012 at 7:32 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Having your brother on your insurance policy alone does not put you at risk of being sued for the accident; however, if the car also belongs to you then the other driver may have grounds for suing you because you loaned the car to your brother.
Answered on Jul 13th, 2012 at 7:03 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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As the owner of the car, you do have personal liability up to $15,000 per person, however, assuming your brother in law is driving your vehicle with permission the full amount of your insurance policy is in play to cover any potential personal injury claim. However, if your brother in law is running an errand for you or your husband such that his operation of the vehicle can fall into the employee category than you could be potentially liable personally up to the full amount of your policy. So in responding to your question, his status as an additional insured on your policy doesn't place you at increased risk, but his operation of your vehicle does.
Answered on Jul 13th, 2012 at 7:02 PM
Personal Injury Attorney serving Palm Springs, CA
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Gilbert & Bourke
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If he was driving a car registered to you and owned by you with your permission, then you are responsible for damages. It should be covered by your insurance. In California, the owner of a car, with no other liability other than being the owner of the car, only has liability up to $15,000 per claimant and up to $30,000 for all claimants for damages incurred in any one accident.
Answered on Jul 13th, 2012 at 7:02 PM