Legal Question in Personal Injury in Georgia

Re: Can I be sued?

In Georgia, the only basis for you to be liable for his negligence would be if he were doing something for you, or if you negligently entrusted the car to him despite knowledge that he was a terrible driver, e.g., habitual drunk driver, had been at fault in other wrecks, etc.

If you had insurance on the car at the time, that is the insurance for the wreck. Turn over the suit to that insurance company immediately. In writing, delivered by certified mail with return receipt requested, reference your policy number and request that the insurer provide coverage and your defense in the case.

The insurer may raise an issue about late notice since the accident was not reported at the time. While they may be stubborn about covering and defending the boyfriend, I expect they would defend you under a reservation of rights and, if things are as they appear, move for summary judgment on your behalf.

Good luck.

Re: Can I be sued?

Generally unless there is some sort of special [or legally significant] relationship between the owner and driver of an automobile [e.g., employer-employee] involved in an accident, the law generally does not impose �vicarious liability� on the owner for the negligence of the driver. The doctrine of �mere ownership�. Another situation where an owner can be held liable for the accidents of a driver is when the owner�s act of lending the car to the driver constitutes a negligent act, say lending your car to a drunk friend for another beer run. If the owner was aware his friend was impaired when he handed over his keys, the owner will be liable when the driver t-bones a school bus full of kindergarteners on his way to the package store. Typically, car owners are named in personal injury cases because there may, indeed, exist a such a special relationship between you and the driver [who is also getting sued]; owners also typically are the ones carrying an insurance policy and by naming you as a defendant, the plaintiff might be seeking to open that deep pocket. Most of these issues are resolved after summary judgment.

However, if you have been sued for an auto accident that occurred when you had valid insurance coverage, it is imperative that you TELL YOUR INSURANCE COMPANY! They will pay any judgment against you and more importantly they will provide you legal counsel to defend yourself WITHOUT COST TO YOU!! [Yeah I know that�s the best part, isn�t it?] Best of luck.

To discuss these matters in further detail, please feel free to contact me. My contact information is below. Thank you. The above statements/observations are offered as general information only, no specific legal advice is given nor should it be assumed. No attorney/client relation has been created or should be implied. Phillip A. Strickland, Attorney at Law, [email protected].