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My mother was in an at fault car accident in my vehicle. Now other retaining a lawyer. What happens next?

Charleston, SC |

My mom was in accident in my vehicle. Now the other driver is retaining a lawyer for bodily injury. What happens if the other driver wants more than what my insurance is willing to pay?Do I have to pay the difference or does my mom?

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Attorney answers 4

Posted

Theoretically it could be you but that is rare. Your insurance co will hire a lawyer to protect you.

Posted

Hopefully your insurance is sufficient to cover the damages/injuries sustained by the other driver and you do not have to worry about the question you asked. But, hypothetically, if the insurance is not enough to pay for those damages, the injured party would be able to pursue any negligent party for the difference in order to be made whole. Your mom, as the driver involved in the accident, is the obvious party to pursue although it is not clear from your summary that she was at fault for the accident. She would have needed to deviate from some standard of care in operating the vehicle in order to be held responsible. Because it is your car that was involved, you could theroretically be held responsible for the difference if you negligently entrusted the car to your mother. But not enough facts are known in order to be able to even hazard a guess on the likelihood of that outcome. Your best course is to turn this in to your insurance company and not worry about it.

I am not your lawyer and an answer on AVVO is not intended as legal advice but is provided for general informational purposes only. If you desire legal advice, please consult a lawyer and form an attorney client relationship.

Posted

You insurance company will have a lawyer represent you. Pre suit the insurance adjuster will handle the claim. If the other party actually files, a lawyer will be assigned to defend you. Good luck!

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Posted

Unless this injury is huge, it is likely the insurance will be enough to cover it. The insurance company will provide a competent lawyer lawyer to defend this action.

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