Legal Question in Civil Litigation in California
Monetary limitations?
My daughter was in an accident about a year ago. She was over 18 and letting her girlfriend drive(also over 18). The vehicle was registered to my husband and I though. The young lady died that was driving. Now her Mom is trying to sue us. Is there a monetary limit to cases like this, when we were not there?
4 Answers from Attorneys
Re: Monetary limitations?
As some of the other attorneys pointed out, you have not given us enough information to give you a complete answer. If the car was really your daughter's and you took out the insurance to get a cheaper rate your insurance carrier may deny coverage. Did you notify them of the accident; they can also refuse coverage if you do not within a reasonable period of time notify them of the accident. If your daughter is not a member of your household, there may be no insurance coverage. You need to get your insurance policy and read through it.
On what basis is the mother claiming you have any fault. Her daughter was driving and I assume their were no mechanical problems with the car. Did your daughter not tell her to put on a seat belt, did she know she was not licensed, where either under the influence of alcohol, did the girl who was killed have insurance coverage [if she did not, in California she is limited to collecting her out of work losses and medical bills, but not pain and suffering.
You need to speak to an attorney specializing in this field of law.
Re: Monetary limitations?
I am so sorry to hear of your situation. That is an extremely difficult situation. While there is no maximum amount you could be held liable for if there was some basis for liability, your insurance will provide coverage for you up to you policy limits. If you are sued above that, you may have to retain your own attorney.
I would be willing to discuss some of the issues concerning your case to see how I may be of assistance.
I offer prospective clients an initial consultation of 30 minutes for free.
I look forward to speaking with you.
Yours truly,
Bryan
Bryan C. Becker, Esq.
Principal
Law Office of Bryan C. Becker
The Koll Center
501 W. Broadway, Suite 800
San Diego, CA 92101
Toll Free: 877*201*8728
Direct: 619*400*4929
Fax: 619*400*4810
Re: Monetary limitations?
'Trying' to sue? They either do or don't. While it might be a tough case to win, their claim against you will be for the $15k per registered owner. Hope you have insurance as legally required.
Re: Monetary limitations?
The maximum amount of your vicarious liability as a registered owner of a vehicle is $15,000.00. There is a statute that provides for this, but it also has exceptions. If the driver of your registered vehicle was acting as your employee, and the accident occurred in the scope of her employment, this cap could be pierced.
If you have any other questions, or want the exact citation of the statute, I can find it, just e-mail me.
Very truly yours,