Legal Question in Civil Litigation in California

I am concerned about a potential judgement against me. My son was in a car accident and the people were all injured, although not seriously, it was his fault. I live in California and only have the required minimum liability insurance of 15,000 for each person and 30,000 per accident. I am not sure this is enough and the people might come after me for pain and suffering, ect. What can they take? I make good money, but have no equity in my home. I own three cars, but two are used to go to work for my wife and I. The third is my daughters. I have about 12,000 in cc debt. If I make payments to them will they not try to take my cars? What if I put my mom on the title, can they still take the cars. I'm not even sure if they will come after me, but I am very stressed out about this. I just got my finances in some kind of order. Thank you.

Asked on 12/18/10, 8:27 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

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You are in panic mode right now. I suggest that you don't do any of the suggested items until you talk to an attorney familiar with vicarious responsbility of parents in personal injury law.

Answering your question requires information that you have not provided. It is not clear whether your son is a minor, who owns the car, whether he was a minor, and whether you signed a consent form for him to have a driver's license. This information would be helpful, because California has several doctrines, including the family car doctrine, and a cap on vicarious liability of a permissive user. There is an interplay of these that depend on the underlying facts.

You may be protected by the law, already, without even knowing it.

Answered on 12/23/10, 9:37 am

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