Bought a van for our disabled son to drive. He was 23 at the time. He was under me and my wifes insurance because he only had his learners permit. We were in the van with him. He was turning at a light. My son over corrected at 5 to 10 mph and hit the car to the left of us at the light. Police came.Other driver seemed ok, but said he had a bad back. Our insurance told us they've paid $25K in personal injury on our policy and the man's medical bills are more. They said he's going after HIS own insurance "under insured motoriest" I assume. Our insurance co. says they've paid the max and we "may want to get a lawyer.Accident was Feb 2011. If he or his insurance co. try and sue, would they sue us (he was on our policy) or go after our son since he was driving? He gets SSI but owns nothing.
You have found out unfortunately the hard way why it is very dangerous and foolish to save a couple dollars with minimum coverage.
The other driver and/or their insurance will probably sue you, your wife and your son. If they get a judgment they can seize your assets and income, and can also likely get your son's license suspended. You need a lawyer at this point, so by being underinsured, you have created a problem. The debt you appear to have created may be dischargeable if each of you file bankruptcy, but otherwise it can be a problem for years.
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They will certainly name your son and almost certainly the parent(s) who owns the vehicle under the family purpose doctrine.
It is very likely that even though your son appears "Judgement Proof", you and your wife will probably be sued along, with your son.They will proceed under several legal theories. Until this happens, it would be a VERY GOOD idea to retain a lawyer to make sure you make no costly errors,until then. GOOD LUCK and GOD BLESS!
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