QUESTION

what can be done if i am being sued for an accident when i wasnt in the country at the time and my uncle used my car without me knowing?

Asked on Jul 25th, 2020 on Automobile Accidents - New York
More details to this question:
I was in Argentina with family when my uncle used my mothers car that was registered and insured under my name, got into an accident in 8/2018. now i got paperwork from a court that the other party is suing me personally. What are my possible options if any so i am not held resaponsible?
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1 ANSWER

Automobile Accidents Attorney serving New York, NY
4 Awards
Call up your insurance company immediately and report the incident.  They will hire attorneys to defend you in the lawsuit and pay any judgment entered against you up to your policy limits.  If your uncle was using your car with your mother's permission then you would be vicariously responsible for any injuries he caused.  On the other hand, if he was truly using the vehicle without anyone's permission and consent then your insurance company will not cover him and youur uncle will be personally on the hook for the plaintiff's damages.  Keep in mind that this may seriously affect your relationship with your uncle.  You may want to have a talk with your mother and uncle to discuss the circumstances in which he was using the car.  If your mother gave him permission then it's unlikely you'll be able to claim he was not using it with your permission and consent.   Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/  
Answered on Jul 27th, 2020 at 7:58 AM

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