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The car title is in his name. I claim him as a dependent and he lives at home. I don't know if it would help for him to get his own insurance, or continue with my household plan.
As an Arizona attorney, I can tell you that you would generally not be liable for the negligence of your adult son -- even if you owned the car. However, creative plaintiff attorneys have figured out ways around that rule by arguing that, at the time of the accident, your son was acting in furtherance of a "family purpose." In other words, if he was going to the store on your behalf or running errands on your behalf, an argument could be made that he was acting on behalf of the family (i.e. the household) and therefore, the head of the household could be liable. I think it's a stretch and is not a successful argument in most situations, but just wanted you to be aware of that possibility. Also, I agree that your insurance rates will almost certainly rise as a result of this accident.See question
Served with papers today which were missing the 3rd page, and there is no amount. Is this common?The personal injury claim is based on a motor vehicle accident that happened last year. My insurance settled at the time, and said that if I was sued ...
The insurance company should have secured a release for you if it paid the limits of the policy. In other words, the injured party should not be able to sue you if the insurance company did its job in obtaining the release. You should be able to seek dismissal of the complaint on the basis of the release.
I am an Arizona attorney.See question
4/23/12 I was hit by a Drunk Driver. I had been STOPPED COMPLETE @ a RED Light heading E. Light changed, I looked L (N on 27th AVE) then looked R (S on 27th Ave) NO VEHICLES IN SIGHT (no headlights & time was 2:00 am. I began to move my R foot fro...
I'm sorry to hear you were involved in this accident. The issues you've raised are somewhat complicated and will require the assistance of a competent Arizona attorney to help you through the process. There are a number of facts that still need to be discussed, so I would recommend you arrange for a consultation with Arizona counsel.
Sanders & Parks
I was involved in an auto accident the other party was sited. They are taking care of my car and medical bills. They offered a pain and suffering settlement that I feel was really low for my injuries (under 300.00). What is an average settlement f...
This is a fairly typical situation where the insurance company tries to settle quickly and without giving you a fair opportunity to consult with counsel and without giving your body time to heal. It is impossible to answer the question of what is an average settlement without knowing more about the situation. However, it is not recommended that you accept this lowball settlement and I would suggest you consult with a knowledgeable attorney. If you would like to discuss, feel free to call.
J. Steven Sparks
Sanders & Parks, PC
3030 North Third Street, Suite 1300
Phoenix, Arizona 85012
Dirt bike accident on someone else's property. Making a left turn, looked back and only saw someone at top of hill. Slowed down to turn left, next thing I know T-boned on my left side. The young boy was farther to my right to where I couldnt see. ...
Good morning. It is entirely possible that you have a valid claim for your medical bills, pain and suffering, and lost wages arising out of the dirt bike accident. The claim may or may not be covered by the applicable homeowners policy, depending on its terms and conditions. Some policies purport to exclude claims arising out of the use of "motorized land conveyances," which could potentially include dirt bikes. To maximize your chances of recovery, you should retain an attorney with knowledge of personal injury issues and insurance coverage issues, as you may be in for a fight with the homeowners insurance company. Many attorneys, including those at my firm, offer a free consultation. Thanks and good luck.
J. Steven Sparks
SANDERS & PARKS, P.C.
I was not even in the vehicle, my insurance company paid 700.00 for the bumper of the truck that was hit to be replaced, then they got a lawyer and are sueing me, why not the driver?
Under Arizona law, you would be liable only if you negligently entrusted the vehicle to whomever was driving at the time of the accident. This means that, unless you had reason to know that he/she was a dangerous driver or that he/she was driving after consuming alcohol, you would most likely not be responsible for the accident. You are not automatically liable simply because you owned the vehicle. Your insurance, however, covers the driver, as long as he/she was driving your car with your permission.See question