Legal Question in Personal Injury in California
As a parent, can the injurer go after me to get the money?
My son had a car accident more than two years ago when he was half month to eighteen. He ran a red light and hit a car coming from his left. The passenger in the car suffered from kneed injuries and the driver was fine. At the time of the accident, my son was driving a car registered in his own name. His car insurance was with me and had a $100,000 liability at the time. The case went to a jury's trail last month because the injurer had asked for $65,000 in compensation but our insurance only willing to pay $60,000. We lost the case in the trail and the jury decided that we have to pay the injurer $200,000 - 3 times more than he had asked for. The lawyer from our insurance company told us that the insurance will only pay $100,000 and we have to pay the difference. He also said that the only thing my son can do is go bankrupt since my son has no money or access to pay for that.
My question is: As a parent, can the injurer go after me to get the money if my son claims bankruptcy? Does that my son was not yet 18 and his insurance with me at the time of the accident matter?
5 Answers from Attorneys
Re: As a parent, can the injurer go after me to get the money?
I have read the replies of the other lawyers. there is actually more to your question and more to the answer. In the first place, your assets, unless you were also named in the judgment and for the full amount, will not be liable. Secondly, the plaintiff's lawyer in this situation may very well be willing to agree not to execute on your son and to take an assignment of his bad faith claim. He would then represent your son in a lawsuit against the carrier. this could have positive benefits for both his client, your son and the lawyer. since your present lawyer was employed by the insurance company, you may need to hire a third lawyer to intercede on your behalf with the plaintiff's present lawyer. This is not an uncommon occurrence and the plaintiff's lawyer should be open to the call. If you personally weren't a party to the lawsuit, then the lawyer will probably take a call from you.
Good luck.--if you would like, I'll place the call for you at no charge.
Re: As a parent, can the injurer go after me to get the money?
Maybe. Need more info. Also, your insurance carrier may have acted in bad faith under the law and you should seek counsel to look at this. In other words, they should have handled claim better, ie., paid the $65,000.00 just to protect his interests and yours.
Re: As a parent, can the injurer go after me to get the money?
Did the plaintiff make a "written" demand for $65K before trial? Did your insurance company inform you about the settlement demand? Did you ask your insurance company to settle but they refused?
First, you should write a letter to your insurance company asking them to pay the entire judgment.
Second, which I recommend you to do, is to see a lawyer. If you do not have one, please call any of the fine lawyers who advised you on this subject or you may call me for a free consultation. (323)782-0099.
Good Luck.
Re: As a parent, can the injurer go after me to get the money?
Contact an attorney with experience in the area of bad faith on the part of the insurance company.
Re: As a parent, can the injurer go after me to get the money?
When an insurer refuses to settle for an amount within the policy limits, it is ordinarily responsible for paying the entire judgment no matter how large it may be. Refusing to pay when it is required to pay is bad faith, and the insured can bring a civil case against the insurer for the full amount of the judgment plus damages for emotional distress, etc., and will usually be able to recover punitive damages.
Please be sure to contact an experienced attorney immediately (and I really mean immediately) to discuss your rights. I am in the Los Angeles area and would welcome your call.
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