Legal Question in Personal Injury in Nevada

Can I be sued by out of state insurance company, for my sons accident with car in my name


Asked on 12/03/12, 8:19 pm

2 Answers from Attorneys

David Otto David Otto & Affiliates, PC

Yes

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Answered on 12/04/12, 7:33 am
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Insurance companies do not typically bring lawsuits against motorists or vehicle owners, but you could be named in a suit brought by the other driver involved in the accident. Of course they would name your son as the operator of the vehicle (and I presume he was found at fault for the accident), but they can also pursue you - as the owner of both the car and the insurance policy on it - on the theory that you negligently entrusted your vehicle to a negligent driver. If your son was using your car with your permission, he should be covered by your insurance policy (I surely hope you had insurance!) and your insurer will provide his defense and pay any settlement or judgment, within your policy limits.

You need to immediately notify your insurance company of the accident and make sure they have access to the police report and any relevant information. They will wish to record a statement from your son and do their own investigation of the facts of the accident. The other driver likely has already opened a claim on your policy, so I would be surprised if they have not already contacted you and your son about it. You need to cooperate fully with your insurance company in providing a defense for your son, so be completely open and make sure they have full access to everything you and your son have and know about the incident.

That is why we all have insurance -- to protect us when we are at fault for some conduct that results in damages to somebody else. Arm your insurance company with all the ammunition you can provide to present the best defense for your son.

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Answered on 12/04/12, 10:24 am


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