QUESTION

The girl I had an accident with is trying to sue me for my parent’s house stating I was wreck-less and caused the cop to hit her is she correct?

Asked on Oct 03rd, 2012 on Personal Injury - California
More details to this question:
I am a 20 year old college student when i was 19 i got into a car accident. I was going to make a left turn on a street. I took a look for oncoming traffic and a cop hits me driving towards oncoming traffic. The cop ends up hitting a girl who fractured her back. she is trying to sue me for my parents house stating i was wreck-less and caused the cop to hit her. I was going 0 miles per hour. But i feel like everyone is attacking me. Is she correct? If so what can she possible win off my parents since i have nothing.
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14 ANSWERS

Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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You must turn the case over to your insurance company; they have to provide an attorney to defend you.
Answered on Oct 08th, 2012 at 10:43 PM

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Tell her to sue the cops. But it's harder to sue them than your parents (insurance company). YES...if parents let you drive then they are responsible for your actions. HOWEVER...you would COUNTER-SUE the cops yourself as the NEGLIGENT PARTY. You have an attorney? Get one. Good luck!
Answered on Oct 05th, 2012 at 8:19 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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She will need to prove you were negligent. If so, the owners of your car (parents?) will be liable. Your parents insurance co should cover the damages. If the insurance is inadequate and the car is titled to your mom and dad, and the house is in the name of mom and dad, then the house may be at risk. Get you a good lawyer,make sure the insurance company knows the truth and let your lawyer handle the details. You are not equipped to do it yourself.
Answered on Oct 05th, 2012 at 8:17 PM

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Ronald A. Steinberg
Anyone can sue anyone for anything. However, to win they must prove 1) fault, and 2) causation. Now, if you had insurance at the time, you merely turn the paperwork over to you auto insurance carrier. They'll take care of it. By the way, your age doesn't matter. If you were at fault (and I am not saying that you were), whether you were 10, 20, 30, etc. you were at fault. If you weren't, then your age doesn't matter either.
Answered on Oct 05th, 2012 at 8:16 PM

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Dennis P. Mikko
Unless the car you were driving was titled in your parents' name they are not responsible for your accident. If there was insurance on the car, you should turn this matter over to your insurance company.
Answered on Oct 05th, 2012 at 8:15 PM

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Criminal Defense Attorney serving Alexandria, VA at Michael J. Sgarlat
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She can sue anyone, especially you. Generally a plaintiff cannot sue anyone but the driver or other person who caused the accident. In order to be successful against your parents she will have to prove that your parents were negligent in allowing you to drive their car. That is if you have a horrible driving history or that you were intoxicated or on self ingested drugs that would impair your ability to drive. Or if you suffered from seizures or blackouts or something that would be an indication of risk. Was the car that you were driving insured?? If so report the case/claim to your parent's auto insurance carrier. If it was not insured then hire a defense attorney to represent you and your parents.
Answered on Oct 05th, 2012 at 8:14 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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First, if you or the car was insured at the time, your insurance company should provide an attorney to defend you. Your attorney would be in a much better position to answer these questions. Your description of the accident is vague, and it is difficult for me to ascertain who may be at fault. When you say the cop hit you "driving towards oncoming traffic", I assume he was traveling the same direction as you since you were looking at oncoming traffic. I cannot tell if the oncoming traffic was such that you needed to stop. I assume you were rear ended by the cop and that he bounced off you and hit the girl. The government's liability is capped at $350,000.00. if her damages greatly exceed that, her attorney may be looking for someone else to sue. The attorney may be "grasping at straws". Sometimes, you sue anyone who might possibly be liable, and see how the case develops, and perhaps squeeze a settlement out of them. If you were rear ended, unless you stopped suddenly for no reason, or our brake lights were not working, then it is unlikely that you would have any liability. If I misunderstood the facts, and you were somehow at fault, they could get a judgment against you that would probably be noncollectable. They could only hold your parents liable under a doctrine known as the Family purpose doctrine. That only applies if your parents provided you with the car, and I think it requires you live with them, although I have not used the doctrine recently and it may also apply to family members who live outside the home.
Answered on Oct 05th, 2012 at 8:12 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You should at least consult with a defense personal injury lawyer for specific legal advice. Contact your local bar association or the legal aid society for referrals.
Answered on Oct 05th, 2012 at 8:10 PM

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Thomas Edward Gates
She can win nothing from your parents. They were not a party to the accident and the house is their property and not yours. She could get a judgment against you and would have 10 years to collect on it.
Answered on Oct 05th, 2012 at 8:10 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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She cannot take your parents' house....tell them not to worry.
Answered on Oct 05th, 2012 at 8:08 PM

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Personal Injury Attorney serving Marietta, GA at Law Office of Ronald Arthur Lowry
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Report this and turn this matter over to the automobile liability insurance company insuring the car you were driving ASAP.
Answered on Oct 05th, 2012 at 8:07 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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First and foremost, report this to your insurance company. They will defend you and if there is any liability, they will pay it up to policy limits. It sounds like you were attempting a left-hand turn in front of an oncoming vehicle, which makes you liable. I assume you were living in your parent's house at the time, but did not have an ownership interest in it. If that is the case, then what's really going on is that she is trying to "trigger" your parents' homeowner's insurance policy as an excess carrier, covering you as a member of the household. She can't seize something that you don't own. So, contact the homeowner's insurance carrier also so that they can step in as necessary.
Answered on Oct 05th, 2012 at 8:07 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Contact your insurer to defend you.
Answered on Oct 05th, 2012 at 8:05 PM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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Generally speaking, a home is exempt from liabilities like this. If you had insurance at the time of the accident, you should definitely turn this matter over to them for a defense. That is why you pay insurance premiums.
Answered on Oct 05th, 2012 at 8:04 PM

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