Legal Question in Insurance Law in New York

Suit in an driving accident case

My wife isbeing sued for 1.5 million for a hit and run by someone that stole her car. I the husband who has a drug problem had the car and the car keys were stolen when I passed out due to drug use. The person never returned and the husband returned home lying about the stolen car. Distraught the wife filed a police report claiming to be in Virginia to return finding the car missing. Another party claimed the car hit their car and hired a lawyer to sue my wife. The case is against my the two parties suing against my wife and John Doe.

What will result in this to my wife who has nothing to do with this?

The only possession we own is a car. Will the suing party take it?

Will this nightmare that haunts my wife and I ever end?


Asked on 1/15/03, 9:29 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Suit in an driving accident case

Even with those facts, the issue of permissive use is a delicate one....most certainly you have insurance..even if only the minimum of $25,000.00

Ask you lawyer appointed by the insurance company if they raised the issue of permissive use.

Good Luck.

RRG

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Answered on 1/16/03, 12:15 pm
David Slater David P. Slater, Esq.

Re: Suit in an driving accident case

An owner is responsible for the acts of an operator who has possession of the car with their consent. Since you had possession, were careless, let your keys be stolen which resulted in an accident your wife could be held responsible.

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Answered on 1/15/03, 9:45 pm


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