Legal Question in Personal Injury in California
Are they sueing the wrong person?
My boyfriend crashed my car into another car. He has no insurance but I do, through my mother. The owner of the other car collected $4,000 which was bluebook value for his car from my insurance yet he is trying to sue my family for $17,000 because the insurance will not give him the amount he wants. The owner of the car calls, harrasess my family, my boyfriend's family and recently send police to my mother's work. My mother has heart problems and its difficult for all of us. He claims he took and old bug a renewed everything. The deal is that the owner wants to sue my mother for $17,000 and showing to the court all the reciepts he has for his car. Will he win? Couldn't he just sue my boyfriend? Or he won't sue my boyfriend because he doesn't have care insurance. Please give me advice, I don't know what to do.
4 Answers from Attorneys
Re: Are they sueing the wrong person?
Under California law, an injured driver can sue the owner of a vehicle, even if she had no involvement in the accident. If and when you or your mother are served with a lawsuit, you should forward the papers to your mother's insurance company immediately. The insurance company should retain and pay for an attorney to defend you and/or your mother.
Re: Are they sueing the wrong person?
Turn this matter over to your insurance company. I suspect he signed a release with them already to get his $4,000.00, and likely has no more recourse against you, but the insurance company should know.
Re: Are they sueing the wrong person?
The guy your boyfriend hit is doing the right thing for himself. You are statutorily liable up to $20,000, as the owner of the vehicle. In this case, if they can prove that you knew of the uninsured position ( and unreliable driving record?) of your boyfriend, they could sue you directly for negligent entrustment. Let your insurance company settle this matter, after all that is what you pay high premiums for, isn't it?
Re: Are they sueing the wrong person?
The only practical advice is to get an attorney. People don't "try" to sue, they sue to try to get a judgment. If sued, you must defend it in court to avoid a default against you. Your insurance company should be defending this, make a demand they do.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
