QUESTION
My step son got in a wreck and the lady is suing him and the insurance company can she sue my husband since he owns the car?
Asked on May 29th, 2013 on Personal Injury - California
More details to this question:
My stepson had an accident and the lady and her son are suing him and the insurance company. My husband owns the car can he be held liable.
11 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Owner and operator of a vehicle are responsible. Your insurance co will deal with the matter.
Answered on May 31st, 2013 at 11:47 AM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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Your insurance company should provide you counsel that can answer this question in more detail but the short answer is yes, your husband as the vehicle owner can be sued but recovery against him is statutorily limited to $15,000.00 unless plaintiff can prove negligent entrustment (that your husband, the owner, let your step-son drive the vehicle even though your husband knew your step-son was a negligent user).
Answered on May 30th, 2013 at 1:03 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Possibly for negligent entrustment, plus his insurance may apply. Just have him contact his own insurance company. They have to defend.
Answered on May 30th, 2013 at 1:02 PM
Animal & Dog Bites Attorney serving Draper, UT
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William R. Rawlings & Associates, LLC
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Your insurance company should take care of any claim filed against your son or your husband. Everyone in your household is protected unless they are specifically excluded from the policy. Should the claimant decide to get an attorney and file a lawsuit, your son and/or husband may be served. However, your insurance company will provide you with an attorney at no additional cost to you. This expense is covered by your insurance premiums.
Answered on May 30th, 2013 at 10:35 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, your husband will likely be sued as well.
Answered on May 30th, 2013 at 10:34 AM
James Eugene Hasser
Your husband would not be liable simply because he was the owner. He could only possibly be held liable if your son was a known incompetent driver when he allowed him to drive the car.
Answered on May 30th, 2013 at 10:34 AM
Ronald A. Steinberg
Both the owner AND the driver are liable.
Answered on May 30th, 2013 at 10:34 AM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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A car owner who allows someone else to drive his car may be held liable for the negligence of the driver. Your husband's insurance should provide him with an attorney and cover any damages up to the limits of his liability coverage
Answered on May 30th, 2013 at 10:33 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Yes, Michigan has an Owner Liability Statute that indicates the owner of a motor vehicle is responsible if the owned vehicle is negligently operated by someone that had the owners express or implied permission to use the vehicle. Your husband's car insurance would cover and defend any such claims. He would turn over any suit papers served on him to his car insurer right away. The insurer would provide a defense and defense lawyer at no charge to him.
Answered on May 30th, 2013 at 10:33 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In New York the answer is yes, but the insurance covers both liability and legal expense.
Answered on May 30th, 2013 at 10:33 AM
The owner of the vehicle involved in the accident is jointly liable with the driver for the first $15,000. Since your stepson has insurance, that amount will be covered by his insurance policy. The insurance company cannot be sued, only the people involved in the accident and the owner of the car.
Answered on May 29th, 2013 at 9:33 PM