I'm being sued after an accident in 2010 for $25,000

6 views 4 answers
First off, it's a messy situation, so please take the information, I'd like serious input (I've read peoples questions in my case be ridiculed and talked badly to on the internet, trying to avoid that). The car wasn't under my name, it's under my dads. I also got a dui that night and no one was hurt accept me but I refused to take an ambulance to avoid $$. We paid the insurance for the other cars damages. Now me and my dad both got letter seeking us to pay 25,000. Since I was not the owner of the car and wasn't in the insurance policy but wasn't exempt. What can my parents prepare for? Paying a full 25,000? The letters do not specify anything as to why it's so priced up. And the car was a early 90's Honda which is no where close to being 25k. Please help with advise and or expertise.

Attorney Answers

4
Andrew Myers ·
The value of a car and the requirement for bodily injury liability coverage are two different subjects. In other words, the book value of an early 90's vehicle, depending on mileage, condition and other factors could hypothetically be approximately $4,500. However, that value of the vehicle has little or nothing to do with the fact that the operator of any vehicle operated on the public highways raises the potential for liability each time the vehicle is operated. So, to equate the value of a vehicle with a percieved justification for opting out of insurance liability coverage for any and all potential operators of the vehicle does not address reality. The best option at this time is to go forward and obtain a consultation with an experienced attorney in your jurisdiction who can further analyze the facts and circumstances of the accident and injuries. Sometimes the alleged injuries can in fact be inflated and so an experienced litigation attorney will provide a defense that can in the end cost far less than the potential liability that is avoided. In any event the bottom line is that consultation with legal counsel is highly adviseable in that in your position you should avoid public posting on the internet of any further statements. I sincerely wish you the best and hope that this perspective helps.
0 upvotes
Jacob Adam RegarCar / Auto Accident LawyerEncino, CA ·
It would be helpful to know who sent your guys the $25K demand letters. If you were considered a permissive user of the vehicle at the time of the accident, your father could be responsible under CA's Financial Responsibility Law for up to $15K per injury, $30K per accident, and $5K for property damage. So, the total liability that a vehicle owner may face under the permissive user statute is $30K. If the driver settles the third party claim for an amount "equal to or greater than" the owner's financial liability ($15K/ $30K/ $5K), the owner's liability to the third party is discharged. But, their is no liability limits if the vehicle owner is directly negligent in allowing their car to be used by the driver that was in the accident--this theory of liability is termed negligent entrustment. Also, there are liability limits to protect the driver that caused the accident. If the vehicle damage has been paid for, you and your father may be facing an injury claim from the person(s) in the car that you hit. Sometimes injuries do not manifest at the accident scene, but instead show up later. Here, you and your father should submit these letters to the insurance company that covered the car at the time of the accident.
0 upvotes
Douglas Schiffer ·
The plaintiff, must have filed in limited jurisdiction where damages are capped at 25 k. This does not mean you or your parents will be paying it. Your insurance company, or your parents will defend the lawsuit at no cost to you. This is why people have insurance. I would notify them asap. Good luck, Doug
0 upvotes
Jake Allen WaltonLitigation LawyerSan Diego, CA ·
It would be helpful to have more information. It is unusual for a demand letter in an auto case to be addressed to the at-fault driver; typically, they are addressed to the driver's insurance company. It would also be helpful to know the status of your insurance coverage. If your insurer is not withholding coverage, then my advice would simply be to follow the advice of the attorney assigned to defend your case. However, you mentioned that you got a DUI on the night of the incident, and were not listed in the policy. This raises two possible grounds upon which the insurance company might opt to deny coverage for the collision. If that is in fact the situation, you should obtain representation to determine the full value of the other party's claim before offering any money to settle the case.
0 upvotes