QUESTION

What do I do if I am being sued related to a suicide incident?

Asked on Jun 04th, 2013 on Personal Injury - Michigan
More details to this question:
My son committed suicide via a head on collision with a tractor trailer. No one else in the incident was a fatality but him. I was told no one else was even hospitalized. Just minor bruises. The tractor trailer veered off and hit a very old parked trailer which then got pushed into 2 other parked cars at a convenience store. One of those other cars had a sitting passenger in it. All I know is that I have received notification from the insurance company that since it was intentional, they will only pay up to a specified limit. Above that, I guess I am responsible. They advised me to see legal counsel. I have no clue what is going on as far as exactly "who" is pursuing this issue and for how much. I have no assets aside from 401K. I have mortgage still on the house and a loan for my car. What can they take from me? Will I have to file bankruptcy to fulfill whatever the insurance company won't pay? Are the other people in the accident able to sue me or is it the actual insurance company suing me?
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11 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If you are the owner of the car you are liable for its operation. Anyone injured has a claim. If you don't have enough coverage then you may want to consider bankruptcy, see a good lawyer for full review.
Answered on Jun 06th, 2013 at 1:21 AM

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Personal Injury Attorney serving Midvale, UT at Arrow Legal Solutions Group, P.C.
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Funny I just indicated this in another post but sometimes people's own insurance companies mislead the insured's i.e. you in such a manner to cause some stress so that they shade their story and testimony to benefit the insurance company. Don't know if that's happening with you, but you need to understand that if you are sued your insurance company has an obligation to hire an attorney who will defend you. However insurance companies always recommend that you consult with your own attorney if there is the potential of an excess liability judgment. You would be wise to pay for an hours worth of time to stop discuss this matter with an attorney. Although you have not given enough information, I imagine that your son was named on your automobile insurance policy and was a covered driver. His own personal liability would only make his assets subject to attachment if there is an excess you have not judgment over the insurance limits. Your personal liability will did depend on a number of factors and he given enough information as to whether you may bear some personal liability. If you decide not to get your own attorney, you must be very vigilant and if you're insurance company is offered a policy limits settlement and the insurance company fails to take advantage of the policy limits offer of settlement and a judgment is rendered that is in excess of your policy limits, you may have a bad faith claim against your own insurance company. Therefore make sure you tell your lawyer to make you aware of any offers of settlement and to discuss whether those offers should be accepted.
Answered on Jun 06th, 2013 at 1:21 AM

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Ronald A. Steinberg
The ONLY way that I know of, in which you could be liable, would be because the car was owned by you and was being driven with your permission. However, if you did not give him permission to go out and kill himself in your car, perhaps you could have a defense. Talk to your insurance companyabout that.
Answered on Jun 06th, 2013 at 1:21 AM

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Personal Injury Attorney serving Milwaukee, WI
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I am sorry to hear about your son's death. How old was your son? You could only be responsible for damages caused by your son if your son was under the age of 18 at the time of his death. If your son was an adult, you have no liability regarding the damages and injuries. A parent is only liable for a minor child if a parent signed the license application for the child. See Wis. Stat. sec. 343.15. If your son was a minor at the time of his death, and if you or your wife signed his license application, then you may be liable to the people who suffered damages because of what happened.
Answered on Jun 06th, 2013 at 1:20 AM

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Insurance Attorney serving Redlands, CA at Orrock, Popka, Tucker & Dolen
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If you get sued because you were the owner of the car, your liability is limited and your insurance should cover you. If the claim against you is for something you actually did, or failed to do, that somehow contributed to cause damage, you still should be covered by your insurance and the company should fulfill its obligations to you. Unless you did something to intentionally cause harm, your insurance should protect you up to policy limits.
Answered on Jun 06th, 2013 at 1:20 AM

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Kirk David Miller
In general, you can only be held liable for the acts of your child if the plaintiff can prove 1. That your child had a dangerous proclivity, 2. You knew or should have known of your child's dangerous proclivity, and 3. You failed to exercise reasonable care in controlling that proclivity. Without knowing more about your situation, I cannot tell you whether or not I believe the plaintiffs could prove those elements but, in general, I think it is unlikely. There is also a statute in Washington, RCW 4.24.190 that provides for an action against parents of children who willfully injure other people or property. While a claim against you under this statute may be viable in your situation, the statute limits the plaintiff's recovery to $5000. The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and Kirk D. Miller PS.
Answered on Jun 06th, 2013 at 1:20 AM

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James Eugene Hasser
Unless they can prove you negligently entrusted your car to your son, you would have no personal liability.
Answered on Jun 06th, 2013 at 1:19 AM

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John Hone
Don't be a fool. Sit down with a lawyer.
Answered on Jun 06th, 2013 at 1:19 AM

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Insurance Attorney serving Seattle, WA at Lawrence Kahn Law Group
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You should consult a lawyer immediately. If your son was insured under your policy, the insurance company should hire a lawyer on your behalf.
Answered on Jun 05th, 2013 at 10:50 AM

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Thomas Edward Gates
You need to retain representation, the issues that you will be dealing with require a knowledgeable person.
Answered on Jun 05th, 2013 at 10:50 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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If some one is suing you, they must file a Complaint in a local court and have you served with a Summons and the Complaint. If that has/does occur, turn those papers over to the insurer for the vehicle your son was driving. Depending on the policy language and the facts of the incident, they will hire a lawyer and defend the claims, or let you know they are disputing coverage and must file a Motion with the Court to settle the issue of whether they have a duty to defend you. They would have to serve you with such a Motion. You have the option to hire your own counsel if they are disputing providing a defense or if the demand of the Plaintiff exceeds the policy limit of the insurance. If there is some question about whether the insurance company is being "straight" with you, ask them to put their advice, disputes, etc. in writing so it will be clearer to you. You can then take their position to an independent lawyer that you hire to give you advice as to your rights. Generally you are not responsible for the actions of your son, but if you were the titled owner of the vehicle he was driving, then you have liability as the owner. Certainly anyone suing must also prove that their injuries meet the requirements of Michigan law, and any insurance lawyer defending you should explain all this to you and if the Plaintiffs injuries don't meet the legal requirements, they should file a Motion to Dismiss the case.
Answered on Jun 04th, 2013 at 10:25 PM

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