Legal Question in Personal Injury in Georgia

My step daughter and a close friend were involved in a wreck. The friend was driving. The car is in my step daughters name. My wife and I have the car insured on our policy. We have full coverage on it. The police report says the friend driving was at fault. She was charged with suspended license and faulty equipment(tires). The tire blew, she spun out and was hit by another vehicle. She was life- flighted to a trauma center for critical injuries. Her mother will not let anyone see her and is talking lawsuit. QUESTION: 1. How liable are we (my wife and I)? 2. How liable is my step daughter.


Asked on 9/26/11, 5:31 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all make sure you have reported the accident to your insurer.

You have many issues here. First of all, if your tire was defective, that itself can be a basis of liability. If the injuries are serious and exceed your insurance coverage you can be sued personally, as cam your step daughter, for amounts above the coverage. So you don't need a lawyer unless a suit exceeds coverage, but be prepared for that possibility.

The fact that an unlicensed person was driving creates a possibility your step-daughter and/or you can be criminally prosecuted for allowing an uninsured driver to drive. That may create issues as to whether your insurer does or does not cover the driver, and we lack facts here to know that.

Neither you nor your step daughter should be talking with her mother about the facts of the case. Because of the potential here for a serious case, be in very close touch with your insurer and ask to determine your coverage and the existence of any demands that may exceed it. The answer to that helps dictate if you also need counsel.

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Answered on 9/26/11, 5:41 am


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