Are you certain that your insurance company has settled. Any release the carrier required the plaintiff to sign in settling the matter would have released you and your child from liability. If they offered the policy but the plaintiff was looking for some personal contribution from you or your daughter, you would have known about. It sounds as though they didn't settle. You should contact your insurance company to verify what has transpired so far. Has your insurance company advised you or your daughter to obtain personal counsel? Was it one policy covering both you and your daughter?
Simply report this to both insurance companies asap. They will address. If the case was settled then its a closed matter. I would be remiss if I didn't tell you that it is unfair and a misperception by corporate interests that an injury must show all its nastyness at the moment of impact. Good luck
You are legally liable for whatever a jury may award because you were the owner of the car. However, if your insurance company settled the case, it would have gotten a general release to prevent you from being sued. Maybe it only settled the property damage claim. Report the lawsuit to your insurance company - it will appoint a lawyer to defend you and pay a settlement or judgment up to your policy limit. If the plaintiff goes to trial and gets an award higher than your limit, you and your child are responsible.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
I am sorry to hear about your situation.
You should contact an attorney to discuss your questions as additional information would be helpful. Didn't you have insurance? If so, they should be defending it and the lawyers who represents you can answer your questions.
I wish you the best of luck.
Please remember that I do not normally monitor these questions after I have posted a reply.
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