Who will be sued in an underage auto accident? - Accident Law Questions and Answers- LawQA.com

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Who will be sued in an underage auto accident?

My 16yo daughter was driving my SUV when she was involved in an accident that injured another driver. My daughter was at fault. The vehicle was insured and licensed under my name. The injured driver is threatening to sue. Can she sue me, or would she sue my daughter. Thank you

Dearbonn Law Offices
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The injured driver can sue you. Your daughter is a minor, you, as her parent will be sued in her stead, moreover. the vehicle was insured and licensed under your name. The cause of action is against you.

Answer Applies to: Washington
Replied: 5/9/2011

Theodore W. Robinson, P.C.
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The other driver can and will sue both you and your daughter but the only one who will be affected will be you unfortunately. However, your insurance company will handle it for you and you may have to hire an attorney to cover any overage exposure you may have. Good luck.

Answer Applies to: New York
Replied: 5/8/2011

Michael Anthony Wing, P.C.
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I don't have a clear answer on your liability for the actions of your minor child, but I do know that you need to put your insurer on notice of the claim. Your insurance company has two obligations: 1) indemnify and 2) defend. They must provide you counsel as long as your daughter was a permissive user and not otherwise excluded from the policy. Let your insurance company handle it. They are obligated to settle the claim, if possible, within your policy limits to avoid any risk to your personal assets. If it looks like the insurance company is not going to honor its obligations under the contract, then hire your own counsel. Stay well.

Answer Applies to: Alabama
Replied: 5/5/2011

Allegretti & Associates
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Your daughter and you can both be sued. The issue as to you is whether she was doing something for you or the family or whether she has a very bad driving record and you should not have entrusted the vehicle to her. As to her the issue is whether she was negligent in the operation of the vehicle. Your insurance company will defend both of you.

Answer Applies to: Illinois
Replied: 5/5/2011

Answer By David Sacks
David B. Sacks, P.A.
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The owner and driver of the car are sued in any accident.

Answer Applies to: Florida
Replied: 5/5/2011

The Law Office of Harry E. Hudson, Jr.
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Probably both. Contact your insurance carrier. It will provide counsel if it cannot settle the matter. Also, I would not get into the proverbial "shouting match" with the driver. Give him,/her the insurance info and direct them to contact the carrier.

Answer Applies to: California
Replied: 5/5/2011

Answer By Jason Epstein
Premier Law Group
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If a lawsuit needs to be filed by the injured party, they will likely sue both your daughter and you. Your insurance company has a duty to defend and indemnify (pay any money) that results. If a lawsuit is filed your insurance company will appoint a lawyer for you.

Answer Applies to: Washington
Replied: 5/5/2011

Cody and Gonillo, LLP
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Both but your insurance company will arrange for representation for you both assuming she was a permitted driver.

Answer Applies to: Connecticut
Replied: 5/5/2011

Answer By Tina Fox
Fox Law Firm LLC
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The owner of the vehicle will ultimately be sued. You need to make your insurance company aware of the situation.

Answer Applies to: Illinois
Replied: 5/5/2011

Bristol & Dubiel LLP
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Under the law your daughter can be sued individually. You could also be sued if the Plaintiff could prove negligent entrustment on your part.

Answer Applies to: Texas
Replied: 5/5/2011

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