Legal Question in Personal Injury in Colorado

I have a 23 year old son who is serving in the US AIR FORCE in Colorado. This past September he was involved in a traffic accident and a person was killed. My son was ticketed for making a wrong turn onto a highway and a 47 year old man on a motor cycle hit him and was killed. My son has a trial date set for the accident on February 28, 2011.

Recently, my wife and I received notice that the wife of the person who was killed has retained a lawyer and has sent a letter to my son and us (parents) wanting more compensation then will be obtained from our Insurance company. The car my son was driving is in my name and my son was listed as a secondary driver on my policy. The policy will pay $100,000. and the cost of replacing the motor cycle. They have turned this offer down and now want more compensation for the wife and a 12 year old daughter. My question is, can my wife and I be held liable?

Also, my son has an excellent record and has secured a lawyer.


Asked on 12/06/10, 6:15 am

1 Answer from Attorneys
James Chalat Chalat Hatten Koupal & Banker PC

You should hire a lawyer on the question of your potential liability. Colorado does recognize a "family car" doctrine. But that typically requires the car to be permissively used by a household family member. The issue will be fact driven, and may also depend on the law of the state in which the car was bought, in whose name it is titled, and other pertinent facts. The lawyer you hire could be local, and could examine your personal auto policies to determine if you had coverage. Or, you might call your son's lawyer to see if he could advise you. A third alternative would be to call a Colorado attorney. If you contacted us directly, I would refer you to a competent coverage counsel.

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Answered on 12/11/10, 7:54 am


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