Legal Question in Civil Litigation in California
Our son was on a freeway driving our car when a driver in an SUV which had been tailgating, rear-ended him when our son was forced to slow down because of traffic. The force of the collision forced him into the carpool lane where he hit a woman's car. Meanwhile, the driver who caused the accident kept on going and hasn't been found. As it turned out, the car our car struck was a rental car. Our insurance denied the claim from the rental car company as we were able to prove that we weren't the party which caused the accident. The rental car company said they would bill the renter since she didn't take out their insurance.
Even though our son wasn't responsible, can the driver of the third car sue us regardless? We're just as much a victim as the woman was.
3 Answers from Attorneys
The driver of the rental car may sue you. If that happens then report it to your auto insurance carrier. Your insurance should provide a defense for you.
Your questions really has two components.
First component: Can the drive sue you? Of course she can. In a very general sense, anyone can sue anyone else for allegedly causing damage or injury.
Second component: can she win the lawsuit? That is an entirely different question, best left to the insurance company and its attorney if she does sue you.
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Anybody can sue anybody for anything. Winning is a different question. If you are sued, turn it over to your insurance carrier, that is what you pay premiums for.
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