Legal Question in Personal Injury in California
Auto Accident Liability
My 18 year old son was in a auto accident driving a car registered to both him and myself. It was insured by my insurance company, which had him listed as the primary driver of the car. The accident was ruled his fault. There were four people injured in the accident and one of the claims might exceed the max. allowed on my policy. Could I be held responsible for any excess claim even though my son was over 18 at the time of the accident?
2 Answers from Attorneys
Re: Auto Accident Liability
It is my understanding that as one of the owners of the vehicle you are liable for the damages that result from its operation.
If your insurance agent was informed of your financial situation, income, assets, etc, you should have a policy limit that is adequate to protect your assets. Assuming that this is the case the injured parties will divide the money available from your policy, and release you from liability.
Your insurance company will hire an attorney to protect its interests if the case goes to court. If you are uncertain that you interest are being protected ask your insurance company about cumis counsel. That is an attorney that is paid by the insurance company.
Re: Auto Accident Liability
No, the owner cannot be held liable for more than the policy but the driver can.
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