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thatdavisgirl | 5 yrs ago my mom lied and said she had insurance, I had an accident now I'm being sued. Who pays? |
I turned 18 5 yrs ago, my mom bought an old taurus and said I couldn't drive it until she had insurance. She started letting me drive it to work about a month after I turned 18. While picking my little sister up from work I had an accident, got a ticket for failure to yield and went to driving clinic. Now 5 years later, I am told there is a judgment against me from the other drivers insurance company for 10,000. They said they have tried to contact my mom since 2003, and she kept giving them my name and number since I had moved out. Now we don't really talk to my mom much because she does some messed up stuff, like write checks off our bank accounts, cleans out our bank accounts and opens credit cards in her children's name. I know what a mother right? My question is, if the car is in her name, which when they towed it she never went to look at it, pick it up or anything, and she had no insurance on the car which she said she did, who pays the 10,000? I understand I had the accident, I even think it would be fair if I paid half, but I don't think I should be the one they are coming after. Is there any legal thing I should know about. Who pays this amount to the insurance company? |
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Freebird
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I think that since you are the one that had the accident, nobody else is responsible for your insurance. If she is pushed in court she might even say you took the car without her permission.
But I am not a lawyer and could be wrong.
You might try http://locate-power-of-attorney.info?3 It's a site that has Lawyers subscribed to it.
It's free to do. You shoot off your case and their lawyers are shown the info, then they might choose
to take it or not and quote you a price, then you choose who you go with.
You get to thoroughly check the lawyer's backgrounds etc, it's good because you just spend 15
minutes with the site and that is it. You could have a choice of a few lawyers. |
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mr_fartson
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I agree with the first poster. See a lawyer. You were the driver, but your mother is the owner and she misled you. She has also demonstrated financial irresponsibility since. It is worth the cost a consultation with an attorney. |
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Margarita D
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The key to your entire question is this--you state that the insurance company for the other driver has a judgment against you for $10,000. If that is in fact the case then you will be responsible for paying the insurance company. That said, only an attorney can tell you if it is still possible to have the judgment set aside (perhaps stating that you were never served notice of suit, etc.).
In the absence of this judgment both you and your mother would be responsible for any damages--in her case as owner of the vehicle and in yours as the driver.
The insurance company for the other party probably secured the judgment after your failure to appear (in many states they would only have to show proof that they served notice at the last address listed with DMV). Unless you can get the judgment set aside, you are responsible for payment of this money.
At this point you need to make arrangements to see an attorney for a consultation and ask him/her if it is possible to set aside the judgment. The first consultation should be free. If the attorney states it is not possible to set aside the judgment, then call the insurance carrier or their attorney and offer to make monthly payments towards the judgment so that you can start getting this resolved.
The most important lesson in this case is this--never drive anyone else's vehicle unless you are sure it is insured! In terms of your mother, I am very sorry but it appears as if she is incredibly irresponsible and if I were you, I would not count on her for anything financial or even to help you in this case or to be fair in any manner.
Even though this situation is probably making you feel miserable, remember everything has a solution.
I hope this helps. Good Luck |
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mbrcatz
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You do. You're the driver. They can also try to go after the owner, but in reality, BOTH of you can be fully held responsible, and they'll go after the one of you that they think they have more chance of collecting from . . . and if you have a job, that would be you. |
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rtfm
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I hate to say it, but I think you're going to need a lawyer for this one. Insurance liability laws vary by state. Find one in your own state who can advise you properly.
Sorry about your situation with your mom. |
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Xeod
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The first thing to consider is who is legally liable for the damage done. The issue about who had or was supposed to have insurance to pay for it is secondary. If you were a legal adult (over 18) and were operating the car and caused damage you are, unfortunately, primarily responsible for it. It would not matter if it was your car, your mother's car, your best friend's car, etc.
You mother could, however, have some legal liability as the owner of the car. The owners of motor vehicles have some responsibility when they permit other people to operate their vehicle and injury or damage to others is caused by the vehicle. Your mother also had a legal obligation to carry liability insurance on the car and was negligent for failing to do so.
The fair thing to do would be for you & your mother to both accept responsibility and pay half the money damages. But, you would probably have to get a lawyer to force that if your mother is unwilling to compromise. The courts, however, don't always do what is "fair" and you can be held responsible for the full amount. I suggest you respond to the insurance company offering to pay half the amount and tell them they should pursue your mother for the other half. The insurance company knows they will be lucky to get anything because neither you or your mother had insurance. |
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Gambit
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You list all of those crummy things your mom did and yet you honestly thought she was responsible enough to maintain car insurance? Wow.
You are both responsible for the damages caused in the accident. Most jurisdictions have a 'Joint and Severally Liable' system, where if there is more than one person being sued the entire judgment could be levied against one of the respondents. That respondent can then go after the other parties for their share of the judgment. Initially your mom, as owner of the vehicle, is responsible for the entire amount. However she has refused to pay and this is going to court. If your mom has no assets but you do you may have the entire judgment awarded against you, and you'll have to go after your mom for her share of the damages. At this point hire a lawyer and hope for the best. |
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cherylmom2kids
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My guess would be it's her fault. It was her car in her name. She let you drive it. I think she would have to sue you for the damages if she wanted too but the insurance company would sue her because she was the owner. That's my guess. |
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Insurance Pickle.com
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I do people insurance (not things insurance) and I'm not an attorney, but it's her car not yours. Why would you have insurance on her car?
Seems like a lay-up to me. I don't think that would completely release you from liability, but I'd start by telling the other company it's not your car and you have no idea whether she had or has insurance on it. Take it up with her.
An investment in a consultation with a lawyer is probably prudent. |
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Larry E
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If the car was in her name it's her problem. |
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