Legal Question in Insurance Law in New York

Re: Am I Liable?

You most certainly are responsible for the negligence of anyone who operates the car with your permission.

Vehicle and Traffic Law Section 388( 1) provides, in pertinent part, �Every owner of a

vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner.�

Under this statute, an owner of a vehicle is

responsible for the negligence of whomever, with his consent, operates the vehicle, whether on a public highway, private highway, or parking lot. Once proof of ownership has been established, a presumption, rebuttable only by substantial evidence to the contrary (for example, you reported the car as stolen) attaches that the operator is using the vehicle with the owner�s consent, express or implied (see, Carter v Travellers Ins. Co., 113 AD2d 178, 180, see also, Lancer Ins. Co. v Republic Franklin Ins. Co., 304 AD2d 794, 796-797).

If you are the only person named as a defendant in the lawsuit, you will need to bring your son into the case as a third party defendant. You should notify the insurance company immediately. As Owner, you should be the named insured on the policy, and until you were served with the lawsuit, you had mo idea, did you, that there had been an accident or that there might be a claim against you and your policy. Right?