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

Loganville, GA |

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

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Attorney answers 6

Posted

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 provide some helpful insight into your particular situation, but it should not be taken as legal advice. If you would like to discuss your Georgia Personal Injury, Medical Malpractice, or Criminal case, I am happy to discuss your specific situation with you at no cost to you. I can be reached at 404-996-5157 or Fareesh@SarangiLaw.com. If you found this Answer "Helpful" or " The Best Answer", please click the tab indicating that. Thank you!

Posted

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.

Posted

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 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.

Posted

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).

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Posted

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-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate that to Avvo. Thank you.

Robert G. Rothstein

Robert G. Rothstein

Posted

I made a typographical error.I meant to say that you would NOT be liable for a negligent entrustment claim.

Posted

Your insurance company will provide a lawyer to defend her.

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