Legal Question in Personal Injury in California
Being sued for an auto accident
My daughter's boyfriend was in an auto accident in her car last year. He was at an uncontrolled intersection making a turn and the woman across from him suddenly accelerated and hit him in the passenger side door. He was ''at fault'' because she had the right of way. My daughter was not with him. My daughter and her boyfriend are now being sued for $25,000 by the woman who hit him for ''lost wages'', ''Medical expenses'' etc. What are their chances of winning and what is the best thing for them to do. Also, why my daughter if she wasn't even there?
4 Answers from Attorneys
Re: Being sued for an auto accident
Your daughter is being sued because most likely, she was the registered owner of the car and in Calif, she has liability even if she wasn't driving. Does she have insurance? Her insurance co. will handle and defend all claims against her and the boyfriend. If the boyfriend was at fault, there is a good chance the other party will collect or win something.
Re: Being sued for an auto accident
If your daughter had insurance, refer the matter to her company A.S.A.P. Her boyfriend should also refer the matter to his insurer A.S.A.P. I can't tell from your facts exactly what happened.
If neither your daughter nor her boyfriend had insurance, they will need to hire an attorney to defend them A.S.A.P. Your daughter is the owner and that is why she is involved. If she did not give permission to her boyfriend, she may have a way out. You have very strict timelines so act quickly. Feel free to call me with questions. Thanks for your question and good luck.
Re: Being sued for an auto accident
If the car was insured, your daughter needs to refer it to her insurance, but it appears from the facts that there may not have been insurance, as the owner of the car, your daughter can face liability, you should consult with an attorney.
Re: Being sued for an auto accident
Thank you for your posting.
Your daughter can be sued either if she is listed on the title of the vehicle, or if she somehow gave permission or employed the boyfriend.
I agree with Mr. Atanous that you should forward this to her insurance company. Other options include filing bankruptcy, and/or litigating the case, which may be expensive, but it sounds as though you have at least some defenses to proceed with.
Lawyers are asked daily what the chances of winning are, and it's difficult to say, without knowing opposing counsel's record, any pictures or witness statements, and who the judge and/or jury will be if this case gets to trial.
I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to contact me via email directly at [email protected]. I�m happy to help in any way that I can.