My boyfriend and I are being sued for a car accident that happened a few years ago. I was not present. My boyfriend was driving and a female pulled out of a business in front of him not looking properly before doing so. She caused our vehicle to be totaled and now her passenger who at the time we believed to be her boyfriend is suing us both. We have the police report which states it was her fault and the officer was able to view a tape from a local business which caught the whole accident on film. He says after viewing the tape she was at fault for not yielding to ongoing traffic. How can her passenger sue us!!
Anyone can sue anyone. Rule no. one is to sue anyone who MIGHT be at fault; the injured party can?t risk going to court and have some judge or jury tell him he should sued the other party, when it?s too late to do so. Let your insurance co. handle it.
Turn the suit over to your insurance company and let them handle it. They will provide you with a lawyer and pay any settlement or judgment up to the limits of the policy. You may also want to consider getting a lawyer of your own to sue the driver who is suing you.
Her passenger should sue both drivers and both owners. You should turn this matter over to your insurance co. that is why you buy insurance. They will know how to deal with the matters you seem to be worried about.
Turn the petition you were served with over to your insurance agent or insurance company. They will hire a lawyer to defend the claims against you and your boyfriend.
Unfortunately in California you can be sued by just about anyone for just about anything. Was your boyfriend covered by an insurance policy? It doesn't sound like it since the matter has already gone to suit. You need a lawyer! Normally your insurance would provide defense counsel but without insurance you are on your own. Call your local Bar Association Referral Service. Good luck.
For one thing, you can't be sued simply because you owned the car. You were not personally negligent, so the case against you lacks merit. Your boyfriend and your insurer can be sued if your boyfriend was partially at fault in causing the accident. If, for example, the case were to go to trial, and the jury determined the other driver was 90% at fault and your boyfriend was 10% at fault, your insurer would have to pay 10% of whatever the jury determined the damages to be. Thus, the case against your boyfriend can legitimately be filed, since most people involved in an accident are at least somewhat at fault. Your automobile insurance company will defend the case for your boyfriend.
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