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Am i at fault and should i be held responsible

Dallas, GA |

in georgia my friend who was driving my car with me in it stopped in a lane which caused the other car to swerve and cause an accident. now they are suing me for well above the 100000 of my ins. policy. should i be af fault or my friend who was driving

Attorney Answers 5

Posted

It's your car so your insurance will defend you. Let your insurance take care of it, they will protect your interests.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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Posted

If your friend had your permission to drive the car, then you can be held liable. But as the other attorney indicated, let your insurance company defend you. You need to make sure you send notice of the complaint to your insurance company and make contact with them.

I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.

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Posted

You are only legally responsible if 1) you knew that your friend had a lengthy history of careless driving (a negligent entrustment claim) and 2) your friend is found liable. Its hard to prove unless your friend has a disastrous driving record. Either way, your insurance will give you and your friend a free lawyer.

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1 comment

Katherine L Jackson

Katherine L Jackson

Posted

I agree. Georgia has what is called "negligent entrustment" which is what Mr. Simon described above. Ownership of the car does not automatically mean you are liable. If your friend has an insurance policy, he should go ahead and notify them, as well, of a potential exposure due to the accident. I also recommend that you make a list of all of your questions and concerns to discuss with your attorney.

Posted

Unless there were very serious injuries, your insurance company will likely settle it below the limits.

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Posted

You are probably not legally responsible. The driver is responsible and just because it is your car does not make you liable. However, if there is a negligent entrustment angle you could be liable for allowing your friend to drive. Did you know she was a dangerous driver or drunk and allowed her to drive anyway knowing she was unfit to drive? you could be liable under that theory.

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