Legal Question in Civil Litigation in California
Hit & Run Lawsuit
My adult son hit a woman and fled the scene last year. My son owns his own car but is listed on my insurance. The woman is now suing us both - I received a summons this week. Am I legally liable? If not, how can I be removed from this suit?
4 Answers from Attorneys
Re: Hit & Run Lawsuit
Call your auto insurer immediately. If they don't provide you with a free lawyer, and I expect they probably will, consult a lawyer in your locality without delay. Remember you have but 30 days to respond to the lawsuit filed against you.
Re: Hit & Run Lawsuit
I don't see how you can be liable based upon the limited facts you have provided. What does the complaint allege about your role in the case? Without knowing what the plaintiff claims, there is no way to say how you should go about extricating yourself from the case.
You should probably start by getting a lawyer. The lawyer may be able to talk the plaintiff's lawyer into dismissing you, but if you try to do this yourself you may inadvertently say something that will persuade opposing counsel to keep you in the case -- and that he may use against you later.
Re: Hit & Run Lawsuit
It can be difficult to get out of it even if she cannot properly legally sue you. Your insurance should provide you with an attorney to protect your interests.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
Re: Hit & Run Lawsuit
The car can't be 'properly' listed on your insurance unless you are on title as a registered or legal owner. As such, each registered owner would be liable for up to $30k for his actions. Call your insurance company to defend this, that's what you pay insurance for. If you end up without insurance coverage and defense, because they deny the claim, then you will have to pay your own attorney to defend. At that point, if this is in SoCal, and you're serious about doing so, feel free to contact me. We'd also have to look at your own insurance to see if they should be defending you, and determine what to do about their denial.
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