Legal Question in Civil Litigation in New York

Re: Being Sued

I'd be happy to review the complaint on your behalf. In order to advise you further, I'd need to see it, and, in particular, know the section of the General Obligation Law that they assert is the basis of their claim.

Re: Being Sued

I'd need to see the complaint, the section of the GOL cited, and know more facts to give you the best answer.

There are a couple of sections that could be relevant. One involves serving or allowing minors to consume alcohol.

But since I don't know that to be the case, I'll speak much more generally.

You need to review General Obligations Law Sec. 3-112 very carefully and with a lawyer. First, note that your maximum liability is $5,000. They cannot get a judgment against you for more than that. Second, you are absolutely entitled to offset all restitution paid by the two minors as a result of the criminal case. You cannot be liable for anything more than restitution - i.e., to make the aggrieved party whole for his or her damages. Third, there are certain defenses in the statute, so read them to see if any apply. If the child was an emancipated minor or had abandoned your home or care, you may not have any liability at all.

What matters is that the child was under 18 at the time of the act complained of. How old he is now doesn't matter. But you should have an attorney investigate to see if there is a statute of limitations defense. If they stole the car with intent to damage it, arguably it was an intentional tort and not negligence. There may be a one year statute for brining the action versus three years, but be sure to investigate this as a defense.

Look up the statute here:

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Filing the answer depends on what Court we are talking about. Assuming it is NYS Supreme Court, you file the answer in the County Clerk's Office in the County where the action was filed. See a lawyer to preserve and protect your rights. If you cannot afford one, go to the Courthouse and, starting with the County Clerk's Office, see if you qualify for Legal Aid or other type of assistance. At the very least, see the Pro Se clerk and get an answer filed. It has to be done within 20-30 days depending on how the summons was served on you.

Lastly - and this is HUGE. If you have homeowners insurance, contact your insurance company and see if you are covered. If you are, they will have an insurance company lawyer defend you, but you will have to stay on their case to make sure they file an answer for you right away. If you can get your attorney's fees paid for, plus be covered, you have nothing to worry about.

Re: Being Sued

Immediately forward all such legal papers to your insurance company. Do not answer the complaint yourself, or talk to the attorney for the plaintiff.

This is a civil action for damages and the automobile insurer should pay for your defense and any damages. If they do not agree to do so, you should bring all the relevant papers with you to an appointment with an attorney who practices insurance law.