Legal Question in Insurance Law in New York
N.Y. State Car Insurance Laws
Do the courts have a legal right to collect from some one else's car insurance in the same house hold even if that person had nothing to do with the accident. My situation is as follows. I was in an accident over five years ago there was a pedestrian involved. At the time of the accident I was living with my parents the car I was driving belonged to my son who didn't live with me at the time, and the car was registered to my ex-wife. After five year's the courts are saying they can attach my fathers car insurance (who by way is decease as of January 07) because I lived there at the time of the accident is this possible and is there any recourse to protect my mother who is elderly from any damages being placed on her home which is her only asset. How far can the courts take this situation?
2 Answers from Attorneys
Re: N.Y. State Car Insurance Laws
Auto insurance responds to claims against the owner of the car and one who is driving it with the owner's permission. The facts you relate do not make any sense, but in any case, why is this your concern? How does a claim against the insurance of your deceased father make any difference to you?
Or is there something going on here that you have not mentioned?
Re: N.Y. State Car Insurance Laws
The short answer is yes. There is a concept called vicarious liability in the law, under which people can be responsible for the negligence of other people. I am not sure what your situation is about but if you would like a consultation, make an appointment.
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