Legal Question in Personal Injury in Alabama
auto accident
My 18 year old daughter was the driver in a single car accident resulting in injuries to the 17 year old passenger. Our insurance liability limits are 25/50 bodily injury. The passenger should recover completely from a fractured neck vertebrate and 2 broken legs. The passenger does have medical insurance through parents. The parents of the passenger have obtained an attorney. We live in South Carolina. Neither was wearing a seatbelt. Drugs or alcohol weren't factures in the accident. We also have our home, and 2 additional vehicles insured with the same company, State Farm. Will State Farm's attorney be sufficient? What happens if the passenger goes to trial and the verdict exceeds my policy limits? Is my house/personal assets at risk under South Carolina law?
2 Answers from Attorneys
Re: auto accident
The 17 year old is a "guest passenger", and Alabama has a guest passenger statute. Under this statute, the 17 year old can only win the claim if your daughter was wanton (greater burden than mere negligence). Unless the 17 year old can show that she was speeding, drinking, etc., the 17 year old would have difficulty winning the case. However, a recent case allowed the guest passenger to recover from his/her own insurance carrier under the underinsured/uninsured motorist provision of his/her own policy. I know that sounds confusing, but if your daughter was negligent, not wanton, he cannot recover from her so she would be considered "uninsured", and he/she could recover from his/her own policy. State Farm's attorney should be sufficient, and your assets should not be at risk unless you were negligent in entrusting the vehicle to your daughter. Your daughter is still a minor (19 is majority age in Alabama). If an excess verdict is rendered, and you were not negligent in entrusting the vehicle to her, she would have a judgment against her until it is paid or she bankrupts it. These are complicated issues. If you have any further questions, please do not hesitate to give me a call at 888-295-7409.
Re: auto accident
State Farm will hire a defense firm to handle any lawsuit, and that should be sufficient. To put your mind at rest you should discuss it with State Farm. If the verdict exceeds the policy limits, then they can go after personal assests, but not yours. Your daughter was 18 and therefore is an adult. Most of these cases settle and do not go to court though. Call your insurance company and talk it through with them. Good luck.
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