Legal Question in Personal Injury in California

Re: Vehicle accident lawsuit

First, did your son not have your permission to use the car? If he has previously driven your vehicle and you did not specifically tell him not to drive your car, then he probably had permission.

Second, is there insurance coverage? Does your son have his own policy? Is he excluded from your policy? This is an area where you probably need someone to help you with. Insurance coverage is a complicated area of law. I would be more than happy to discuss this with you in a free consultation if you contact my office.

Third, what happens if you do not have enough insurance? You can read here: http://www.calpiblog.com/2006/03/not_enough_insu.html Basically, your insurance company has an obligation to protect your interests. If you think your son may have done more damage, and you are responsible due to a negligent entrustment issue, you want to talk to an attorney. If you did not negligently entrust your vehicle to your son, then you are only responsible up to the state maximums, which another attorney posted.

Re: Vehicle accident lawsuit

It is possible that your insurance will not cover the loss because 1) you didn't give your son permission to drive the car; and 2) I assume he lives with you and many insurance policies exclude from coverage undeclared drivers who live under the same roof.

In answer to your question: You're putting the cart before the horse, so to speak. There first has to be a judgment before one can collect. If you're sued, by all means find an attorney to defend you. You might be able to claim an exemption for public retirement funds under Code of Civil Procedure section 703.110. Whether that section of the law would apply to you would require the examination of your plan by an attorney conversant with collection matters.

Re: Vehicle accident lawsuit

The short answer is no. First of all, the circumstances can imply permission even when there is no express permission. For instance, if your son lives with you, the keys were readily available, and the car wasn't reported stolen, or if he'd done something similar before, permission may be implied. With that said, given your insurance is in place and you insurance company will deal with it (that is they won't deny coverage; if they do, you have to decide whether your insurance company is acting in bad faith), as the registered owner of the car your maximum liability is 5k for property damage and 15k per person for bodily injury with a maximum of 30k. That is the extent of your liability. Now, they can sue your son for everything they are asking for because he was the driver. In any event, your insurance company is obligated to deal with this on your behalf, at least as it pertains to your potential liability as a registered owner, and at the end of the day, assuming your insurance is in place, they will. Try not to worry, and let your son be responsible for his own actions. Good luck.