Legal Question in Personal Injury in New York

I chose a free website because I am indigent, so I hope someone can answer my question

My 19 yr old daughter was driving a car insured by her grandparents (car is in their name). Coming home from work on eve of Halloween she struck a pedestrian and killed him. The deceased was with his 8 yr old son with him at the time of the accident.

The State Police deemed this an all around accident because of time, location, weather, etc. No tickets at all were issued.

A lawyer has written a letter from the deceased's estate asking my parents to forward it on to their inurance company. My question is can my parents PERSONALLY be sued by the deceased's estate, or will it all be handled through their insurance company?

The deceased was walking with traffic, on a dark road, in front of a cemetary on a rainy night. Both pedestrians were dressed in all black no flashlights etc. My daughter did not see him.

I appreciate the time and effort in answereing my question, Thank you


Asked on 11/17/09, 6:43 pm

1 Answer from Attorneys
David Simon Hogan & Rossi

First, your parents should immediately get that letter to their insurance company.

They will likely sue your parents but the insurance company will defend them and satisfy any settlement or judgment up to the policy limit. Where it gets tricky is when the claim exceeds the policy limit. Then, unless your parents have excess coverage, such as an umbrella policy, they could be exposed. For example, suppose they have a $100,000 policy. The estate sues and wins $150,000. Your parents could end up having a $50,000 judgment against them.

I can't stress enough how important it is that they notify their insurance company right away. Generally, the insurance lawyer appointed will fight to keep any settlement within the policy limits so they are not exposed.

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Answered on 11/23/09, 4:00 am


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