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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

Posted

Yes, but the insurance company may pay it.

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Posted

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.

ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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11 lawyers agree

Posted

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

Posted

You can both be sued.

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9 lawyers agree

Posted

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

Posted

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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