Legal Question in Insurance Law in California

Auto Injuries must be paid

Hello,

I have a extremely urgent question concerning an at fault accident with my 19 year old nephew using my car briefly to run some errands. Unfortunately, it wasn't brief enough to avoid a serious accident for my negligent nephew. The Police Reports clearly states that he was in violation of making a wrongful left turn. The party which was hit are suffering from neck and back injuries which my Insurance Company will only cover the States minimum at 15k per person & 30k per accident as this is all I had at the time. I am now hearing that their medical bills are expected to triple that figure of $30,000. My question is, Since I was not driving my car at the time of the accident, can they(the party which was hit by my nephew)eventually go after me for their medical bills simply because it was my car that cause the accident? I was no where near the accident, but I did give my nephew permission to drive my car. Never Again Though. Please Help. I may have to begin transfering all of my assets. Thank You in Advance for the possible reply ;)


Asked on 1/12/02, 8:01 am

5 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Auto Injuries must be paid

they cannot go after your personal assets, only what you insurance policy was. however, they can collect an unlimited amount from the driver of the car.

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Answered on 1/21/02, 11:56 am
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Auto Injuries must be paid

Under the ownership statute, you are only liable for the minimum coverage afforded you. Your nephew is the one with the problem. The only way you could be held responsible beyond the policy limit, is if you knew your nephew was a bad driver and you let him use your car inspite of that.

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Answered on 1/14/02, 3:37 pm
Neil Newson Neil C. Newson & Associates

Re: Auto Injuries must be paid

I have read the other reply which may or may not be correct. In California your responsibility is limited to $15/30 for the acts of a permisive user so long as that person is not acting as your agent in doing the errands that he was doing at the time of the accident. This may become problematic. You may also look to your homeowners coverage or renters coverage for excess coverage.

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Answered on 1/14/02, 4:43 pm
Steven Kuhn Steven Kuhn

Re: Auto Injuries must be paid

California Vehicle Code Section 17151 limits your liability as a registered owner of the car to $15,000 for any one person injured in the accident and a total of $30,000 for all persons injured. You are also limited to $5,000 in property damage. However, if your nephew was on an errand for you or was acting as your agent, there is no limitation to your liability. Also, if your nephew has a bad driving record that you had knowledge of, you could be liable for negligent entrustment.

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Answered on 1/14/02, 7:10 pm
Jonathan Colman Jonthan H. Colman and Associates

Re: Auto Injuries must be paid

Although I agree generally with the posts you have received, I think the most imporatant thing for you to do now is to write your insurance company, tell them you are concerned about the claim, and tell them to immediately settle the case at the first opportunity within your policy limits.

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Answered on 1/14/02, 8:27 pm


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