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socalcassie

Suing after auto accident

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Hi everyone, my daughters boyfriend who lives with us & is on my auto policy had an accident in my truck that he was found at fault in. Now the other people in the other car are going to try and sue me & my husband. For the remainder of the accident. My question is if this is possible? Why not sue the person driving? Is it because it's my property?  We also own a waverunner which is paid off & a razor which is not paid off will they go after these things. 

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1 hour ago, socalcassie said:

Now the other people in the other car are going to try and sue me & my husband

 

There is no "try" to sue there is only sue or not sue.

 

If you haven't been served a summons and complaint you are not being sued.

 

But, yes, it is possible that you and your husband can be sued, either by yourselves or as co-defendants with your driver.

 

You wrote that you have an auto policy and the boyfriend is on it.

 

Call your insurance company right now. Your policy should have a toll free number direct to the claims department. Report the details of the accident and the names and contact information for those people who are making the claim.

 

Let your insurance company handle and DO NOT talk to the other people at all. Next time they call say "My insurance will call you." Then shut up and hang up.

 

And the answer to the inevitable question is, yes, your rates will go up. But that will be a fraction of the financial debacle that you will experience if you try to handle this without your insurance company.

 

 

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15 hours ago, socalcassie said:

my daughters boyfriend who lives with us & is on my auto policy had an accident in my truck that he was found at fault in.

 

Found at fault by whom?

 

 

15 hours ago, socalcassie said:

Now the other people in the other car are going to try and sue me & my husband.

 

What does "try to sue" mean, and why would they sue you and your husband (as opposed to the person who caused the accident)?  Also, does "the other people in the other car" mean people other than the driver?

 

 

15 hours ago, socalcassie said:

My question is if this is possible?

 

Is what possible?  Certainly, all of the factual things you mentioned up to this point are possible (virtually anything is possible).

 

 

15 hours ago, socalcassie said:

Why not sue the person driving? Is it because it's my property?

 

Needless to say, no one on a message board has the slightest idea why the people mentioned might be considering suing you.

 

 

15 hours ago, socalcassie said:

We also own a waverunner which is paid off & a razor which is not paid off will they go after these things.

 

Not quite sure what you mean by this.  If someone sues you and obtains a judgment against you, that person can seek to enforce the judgment in any way permitted by the applicable state law.  Since you're apparently in California, the applicable law is found in Title 9 of Part 2 of the Code of Civil Procedure, and section 700.30 expressly allows for "levy upon tangible personal property in the possession or under the control of the judgment debtor," which the levying officer (i.e., the local sheriff) would take into custody and sell at auction.  Of course, why you're getting so far ahead of things and why you're concerned about these sorts of assets -- apparently to the exclusion of all others -- is beyond me.  A razor couldn't possibly be worth more than $20-25 (which begs the question how you could possibly owe money on one), so levying on one would be a complete waste of time and money.  Even with something like a waverunner that might be worth several hundred or thousand dollars, judgment creditors almost never seek to levy on personal property.  Bank levies and wage garnishments are far and away the most common ways of enforcing civil money judgments against individuals.

 

In any event, nothing you've posted even remotely suggests you have any liability, and you've indicated you have insurance, so none of this should be of any concern to you.

 

 

13 hours ago, adjusterjack said:

And the answer to the inevitable question is, yes, your rates will go up.

 

On the other hand, you can always tell your daughter's boyfriend to get his own auto insurance and his own car....

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30 minutes ago, wlight63 said:

The owner of a vehicle is liable for its permissive use,

 

That's not correct.

 

In CA an owner of a vehicle could be liable if the owner negligently entrusted the vehicle to the driver. In the absence of negligent entrustment, only the driver would be liable.

 

However, the owner's policy would cover the driver's liability up to the policy limits.

 

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1 minute ago, adjusterjack said:
37 minutes ago, wlight63 said:

The owner of a vehicle is liable for its permissive use

 

That's not correct.

 

In CA an owner of a vehicle could be liable if the owner negligently entrusted the vehicle to the driver. In the absence of negligent entrustment, only the driver would be liable.

 

That's not quite correct either (and my prior response was slightly misleading).  "Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner."  VC17150.  The reason why I didn't mention this previously is that this statutory vicarious liability is capped by VC17151 at $15k per person, $30k per accident, and $5k property damage.  Since this cap is identical to the minimum liability insurance requirement, and since the OP mentioned that he/she has insurance, the permissive use statute is effectively irrelevant.  As noted, liability for negligent entrustment is a different animal entirely, but that issue isn't raised by the facts given.

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