Legal Question in Civil Litigation in California
My mom cosigned on a truck for me in California I was in an at fault accident if I get sued can my mom get sued too? If I tell the plaintiffs attorney I'll just file bankruptcy if they sue me instead of my auto insurance, what will they usually say?
2 Answers from Attorneys
Is your Mom on title? What is your age? In general your mother can be sued if she can be said to have negligently entrusted the vehicle to you, due to your age or prior accidents. The Plaintiff's attoreny wants to go after your insurance and not you.
Mr. Selik does not answer your question at all.
First of all, if you are the registered owner of a vehicle that caused an accident, you can and most likely will get named as a defendant in a personal injury lawsuit. If your mother was on title, she will most likely be named as a defendant also. Negligent entrustment does not have to be proved, just ownership. Personal injury lawsuits are filed against the people who were in the accident, not the insurance companies. It is up to the person who gets sued to turn the lawsuit over to their auto insurer who will assign it to a lawyer or law firm to defend the lawsuit.
If you had insurance at the time of the accident, there is no reason to file bankruptcy.
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