More details to this question:
I was in the process of selling my car to my sister and mother, when my sister was in an accident with the vehicle. She was at fault. The accident was in 2012 and now my sister and I are being sued for $75,000. At the time of the accident, the title was in my name and the insurance was in my mother's name. Right after the accident, the lien came in the mail, and we immediately had the proper names put in place. Any advice is appreciated; I am sick about this.
11 ANSWERS
In California, the owner of a vehicle, which you were, is liable with the driver up to the first $15,000 of any payment. If the DMV had actually changed title before the accident, you would not be considered the owner. If your mother's insurance will accept coverage then you personally do not have to worry as the minimum policy is $15,000 so you are covered. ?Her insurance, however, might reject coverage. They will supply an attorney for you until the coverage issue is determined.
Answered on Jan 08th, 2014 at 5:37 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The titled owner and operator are liable for vehicle operation. Pay the damage and move on with your life. That is why insurance exists.
Answered on Jan 07th, 2014 at 7:31 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan the owner of a negligently operated vehicle that is used with permission is liable for the operator's negligence pursuant to the Owner's Liability Statute. The negligent operator is also liable. Unless there are some defenses interposed by the vehicle insurer, the insurance on the vehicle should cover any liability claims against the operator, and owner, up to the limits of the policy. You would turn over any suit papers to the vehicle's insurer plus your own insurer if different and/or you have excess/umbrella insurance, and they should hire counsel and respond/defend the claims.
Answered on Jan 07th, 2014 at 7:31 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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You can't be held liable in that scenario unless you were negligent in some way; ie. if you knew your sister posed some danger on the road, and you let her drive anyway. In Louisiana, you can't be held personally liable just because someone was driving your car, and that person got into an accident.
Answered on Jan 07th, 2014 at 7:31 PM
James Eugene Hasser
You should have no liability unless your sister is an incompetent driver and you let her drive your car. Your insurance company knows that and should take care of it for you.
Answered on Jan 07th, 2014 at 7:31 PM
1 Award
You cannot be liable because of your sister's negligence. You were not negligent. She was not acting as your employee. Thus, there is no basis for even naming you in the lawsuit. I think you should hire a lawyer to get you out of the case as soon as possible.
Answered on Jan 07th, 2014 at 7:30 PM
It is very likely that the case will settle for something less than the limits of your insurance policy. Talk to a local lawyer.
Answered on Jan 07th, 2014 at 7:30 PM
Litigation Attorney serving Irvine, CA
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Law Office of James A. Anton
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Owner of the car at the time of an accident has liability risk as the owner. If the car is insured then don't sweat it. Just notify the insurance carrier of the lawsuit and send them a copy as soon as possible. Also get an extension from the Plaintiff to answer the suit to give the carrier time to get involved and confirm extension for all defendants with confirming letter sent to the Plaintiff attorney.
Answered on Jan 07th, 2014 at 7:29 PM
Ronald A. Steinberg
Unfortunately, you were the titled owner at the time, and your sister was operating the car with your consent. Therefore both you and your sister are liable. If you had insurance in force at the time of the accident, the company will take care of defending you both.
Answered on Jan 07th, 2014 at 7:29 PM
You are not liable for damages for an accident that you did not cause. Only your sister is liable. In Louisiana the owner is not liable for the accident unless driving. One exception would be if your sister was working for you or on a mission for you.
Answered on Jan 07th, 2014 at 7:29 PM
Edwin K. Niles
If the car is insured, why worry leave it to the insurance company. It almost never happens that a claimant tries to get more than the insurance coverage.
Answered on Jan 07th, 2014 at 7:26 PM