Can I be sued for an accident my daughter had? The car was in her name but she was on my policy.

Asked over 1 year ago - Loganville, GA

My daughter hit a pedestrian. The damages are more than the insurance payout. Can I be sued?

Attorney answers (6)

  1. Andrew Payne Copenhaver

    Contributor Level 8

    8

    Lawyers agree

    Answered . If a lawsuit is filed, your daughter will be the named Defendant but your insurance will be paying for the damages. Because the car was in her name, Georgia's family purpose doctrine does not apply so you will not be a named Defendant. If a lawsuit is filed, the insurance company has an obligation to defend her; however, it would be advisable to hire independent counsel to represent her as well. Last but not least, if the pedestrian had UM coverage, the pedestrian's insurer could seek subrogation (reimbursement) of their expenses. This would be a separate lawsuit. I'm sorry to hear of your daughter's misfortune - I am sure that your daughter feels terrible about everything. Best regards.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  2. Fareesh S. Sarangi

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . As the insured yes, you can be sued. If you have any excess liability policies like a homeowner excess policy it may kick in as well. The good news for you is unless you're very solvent; it may not be worth the opposing side's time to come after you personally even in the case of low limits. Everything depends on the specific facts and damages though so report it to your auto insurance and they'll guide you. Good luck

    * Please note that I am an Attorney practicing in Georgia, but I am not your attorney. This post is intended to... more
  3. Glen Edward Ashman

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . As a general rule, a parent in Georgia is not automatically liable for the negligent driving of their child. Under Georgia law, the parent-child relationship does not itself give rise to imputed or vicarious liability. However, there are circumstances where parents can be held liable for their child’s negligent driving under something called the “family purpose doctrine.” What sounds like it will help you here is if the car solely was in her name and not yours.

    In the event anyone does attempt to sue you, see a lawyer ASAP.

    Note that it very likely that your daughter, if damages stay unpaid, could see her license suspended, for life, until all damages are paid (in some cases she can use bankruptcy if this happens).

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  4. Robert G. Rothstein

    Contributor Level 14

    4

    Lawyers agree

    Answered . First, I m surprised your insurer allowed her owned vehicle to be included in YOUR policy. Second, your daughter would be the defendant but your insurer would be obligated to defend her and to pay any judgement against her, up to the policy limit. She would be responsible for any judgment amount that exceeds the limit. Since it.was not your vehicle you would be liable for a negligent entrustment claim. But third, in answer to you direct question, yes you can be sued. So can the President but you (or he) might be entitled to damages/compensation if that suit was deemed frivolous or non-meritorious, etc.

    Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-... more
  5. George Costas Andriotis

    Contributor Level 20

    5

    Lawyers agree

    Answered . As an insured you can be sued. Did your daughter live with you?

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your insurance company will provide a lawyer to defend her.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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