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Can I get sued for being at fault in a car accident if the car was not under my name and I am not insured ?

Jonesboro, GA |

I got into a car accident on october the 5th. I was at fault for failure to yeild at an intersection , the car is under my dads name and he told me I was insured under his insurance but I was not. I paid my ticket so can I get sued for anything or will my dad get sued? I am also 18 years old.

Attorney Answers 6


Yes, but the insurance company may pay it.

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You have many serious problems. (Your father may be subject to suit also for allowing you to operate the vehicle but we'd need more details to know). Yes you can be sued. If you fail to pay all the damages, the other party can have your license suspended FOR LIFE (until you pay the damages, cut a deal, or discharge them in bankruptcy). You also in many courts may see an enhanced fine because of the accident and lack of taking care of damages (the maximum penalty in a traffic case per count is one year in jail and a $1000 fine, plus surcharges, although the actual fine can be smaller). If you are placed on probation, a condition could be a requirement for you to pay the damages, and a failure to do so could land you in jail. While not all of this will always happen, it can, and you should be consulting with a lawyer. One more point - be sure that you actually are not covered by insurance - insurers have been known to lie to avoid paying, and if he had the car insured you may actually have been covered even if not on the policy.

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11 lawyers agree


Yes, you can be sued, but your father's liability is limited as the owner, but the insurance would pay that. In California, his liability would not exceed $15,000, unless other facts surfaced that could be the basis of a negligent entrustment claim. Most likely, since the driver (you) was uninsured, the other party can use his or her uninsured motorist coverage and not bother you at all.

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10 lawyers agree


You can both be sued.

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9 lawyers agree


You and your dad can both get sued. Your dad should turn this over to his insurance company to handle.

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5 lawyers agree


You are liable and could be sued.

This post is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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