Legal Question in Insurance Law in Louisiana

who is liable?

husband and daughter in serious mva other driver at fault 20year old driver in mom's truck, on her policy , him listed as a rider on policy, policy is good but medical bills very high already 200,000, for both total. husband still not walking after 2months, i have an attorney, but he states we can't go after mom(owner of truck) unless she was found negligent.which son(driver was) (he was on cell phone and hit my family head on). attorney wants us to settle even though there is not enough from policy to pay medical, )(medical has been paid by my husbands health, so far) please help!!!!!


Asked on 4/01/03, 6:01 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: who is liable?

Unfortunately, since the boy is an adult, the parent cannot be held liable for his negligence. If he has had a really bad driving record, or if his license was suspended, then the mom MAY be liable, but under your fact situation, it appears the mom is not liable. You can however, sue him. I assume you do not have uninsured/underinsured motorist coverage on your vehicles since you did not mention that. This is the prime example of why UM coverage is absolutely necessary.

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Answered on 4/01/03, 7:19 pm


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