QUESTION
What are the chances that I will be sued by the injured party?
Asked on Oct 04th, 2013 on Personal Injury - Georgia
More details to this question:
Here is the situation. My sister borrowed my vehicle and caused an accident. She was found to be intoxicated and found guilty. My sister had past incidents on her record from over 10 years ago. To my knowledge, she has been a good driver since that time. My insurance is paying the injured people in the other vehicle the maximum amount my insurance will cover under my policy. The medical bills from the injured people are greater than my policy amount. My first question is, what is the likelihood of the injured party trying to sue me and hold me responsible? I have no assets, or job. Everything is and has always been in my husband's name. Can my husband be financially responsible if I'm sued? Lastly if I am sued, can I file bankruptcy on this kind of lawsuit?
9 ANSWERS
Ronald A. Steinberg
Both you and your sister can be sued for what is not covered by the insurance.
Answered on Oct 14th, 2013 at 3:01 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I think it is unlikely that you will be sued (they probably have no grounds even if they wanted to sue). If you are sued, I do not think they can pursue your husband's assets can be pursued. Bankruptcy could discharge any obligation if you are sued.
Answered on Oct 04th, 2013 at 2:55 PM
James Eugene Hasser
It's not likely you will be sued, although anything can happen. They would have to prove you knew your daughter was incompetent at the time of the accident. However, because any judgment against you would be uncollectible and subject to bankruptcy, more than likely, the injured people will be offered the limits of the policy and will take it. When they do, they will release your daughter and you. Generally speaking, though, neither you or your husband would be liable for your daughter's actions.
Answered on Oct 04th, 2013 at 1:23 PM
First, you should ask the insurance company to get the injured people to agree to accept the policy limits as full compensation. If they won?t do that, then a number of issues arise. The injured people could sue you for negligent entrustment based on your knowledge of your sister?s prior history. But, 10 years is a long time and you probably have a good defense. Regarding holding your husband liable, it depends on your state?s laws on community property and liability. In Nevada, one spouse is generally liable for the debts of the other spouse under community property laws. I would not worry about bankruptcy now because you can always file it later if the injured people get a judgment against you. Also, if you have not assets or income they couldn?t collect anything from you and a bankruptcy would not be necessary.
Answered on Oct 04th, 2013 at 12:21 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan the injured parties medical bills are paid by their own car insurer, not you/your insurer. So either this isn't a Michigan question (as it states it is) or there is a mistaken belief on someone's part here. Certainly if you are the titled owner of the vehicle you are co-responsible with any person that you allow to drive your vehicle. If your husband is also on the title, he has the same owner liability as you (in Michigan). If your husband is not on the title, and is not somehow negligent for the crash, he has no responsibility/liability. You'd have to speak to a Bankruptcy attorney re: the advisability of declaring bankruptcy and whether there is any exemption in this type of case.
Answered on Oct 04th, 2013 at 12:20 PM
Thomas Edward Gates
It is highly unlikely you will be sued, since the driver is an adult responsible for her own actions. \
Answered on Oct 04th, 2013 at 12:20 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are responsible. If the injuries are serious and the insurance inadequate you may be sued. Your husband is not liable unless hi name is on the title. bankruptcy is possible answer. If they know you have nothing they will not likely sue you. Nothing from nothing equals nothing.
Answered on Oct 04th, 2013 at 10:16 AM
1 Award
Neither you nor your husband were negligent. Your sister was. Neither you nor your husband have anything to worry about. The only potential claims that could be made against you would be that you allowed an obviously intoxicated person to use your car, knowing that your sister was too drunk to drive. That would be a pretty difficult case to prove. The other possibility would be if your sister were driving your car as your employee, in which case you, as her employer, could conceivably be found liable. That, obviously, is not what happened.
Answered on Oct 04th, 2013 at 9:13 AM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Usually, when an injured party settles a claim with your insurance company, your insurance company will obtain a "general release" from them, which precludes them from suing you. If the injured party has uninsured motorist coverage, they may obtain from your insurance company a "limited liability release," which would permit them to pursue recovery from their uninsured motorist coverage. If their uninsured motorist coverage pays them for the damage you caused, their uninsured motorist carrier could then sue you to get their money back. Regarding bankruptcy as a means of avoiding any exposure, you should speak with a bankruptcy attorney.
Answered on Oct 04th, 2013 at 8:49 AM