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Asked 4 months ago - Palmdale, CA
FlagI was in a car accident 1 yr . ago and was held liable . The other party involved settled with the insurance company for 15 , 000 but now is trying to go after me for 5 , 000 more with her attorney . Since I don't have the resources to pay her , they are now asking for my father , the registered owner , to fill out a Declaration of Assets . What can I do to protect myself and my fathers assets ? I also found it odd that me and the other person involved had the same insurance , and my adjuster also admitted that she believes they are just trying to go after more money for the sake of it . Could this benefit me ?
Your insurance company should provide a defense. Cooperate with them. I don't see how an additional lawsuit against you or the circumstances could work to your favor. Your father may be liable under a 'negligent entrustment' theory. More likely than not this is what the other party will claim. best of luck.
If you had insurance, there is nothing the other driver can do for you. I am certain that the insurance company made the other driver sign a release that would cover you. Your father is another matter. As the register owner of the car, he may be exposed to the property damages limits. He needs to contact his own insurance company and you need to call yours. Best of luck.
Who and who is not obviously liable for paying up when an accident happens is a completely different question than who's gonna get his or her butt sued... most of us personal injury types earn our money by working hard at getting the best recovery (read as in the most money) possible for our clients... such an endeavor involves making sure to go after anyone and everyone plus their insurance companies who has even a hint of liablity... while making absolutely sure not to cross the line into frivolous lawsuits or extortion, we will use all legal means to recover for our injured client(s). In a motor vehicle accident, most personal injuries immediately target the driver, the owner, and the employer of the driver as potential defendants. If the defendants want to argue among themselves, so be it, but if the accident is the fault of the driver, at least one of them will be found liable when the jury gives the verdict.
As for someone facing liability for a motor vehicle accident, he or she should file a claim with his or her insurance company - if no insurance, he or she should hire a defense lawyer.
- Paul
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com
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You post an interesting question. First, if your own insurance carrier settled the case with the other driver, before sending any payment to the driver, they insist that there is a signed release of all claims. This stops the other side dead in their tracks. You are no longer responsible for any more payment.
Second, since your insurance already paid $15,000, it is very likely your father is no longer responsible for any additional payment (there is 1 exception that comes to mind: negligent entrustment, but that is very hard to prove). Under CA Veh. Code sec. 17151, an owner is responsible up to $15,000. However, if that has been paid, as it appears was done in your case, liability is capped. So no more money would need to be paid. And, again, if insurance made the payment, your father's name should be on the release.
I suggest that you get a copy of the release from your own insurance company.
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