Son in accident

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PostPosted: Thu Feb 07, 2008 10:22 pm   Post subject: Son involved in an accident  

My son, the driver, was involved in an accident which was not his fault. The vehicle at fault paid for the damages. The problem, his girlfriend, was in the car with him, and now her parents are suing my son and the person who caused the accident. Is my son liable?


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PostPosted: Fri Feb 08, 2008 2:57 am   Post subject:   

Only if he was negligent/liable in the accident. Difficult to know if he was liable as we don't know anything about the accident.



If a suit was filed, your son's carrier would have appointed him an attorney.

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PostPosted: Fri Feb 08, 2008 7:12 am   Post subject:   

Quote:
The problem, his girlfriend, was in the car with him, and now her parents are suing my son and the person who caused the accident. Is my son liable?




I see no reason why your son should be liable for the damages caused to her. According to you other other driver has already paid for the damages assuming the liability for the accident. Hasn't she reported her damage or injuries that time? Her damages should also get covered under the at-fault driver's BI liability insurance.



Tcope is right, if the suit is filed then your son's insurer will get a legal representative for him as they would definitely like to clear of the mess of any wrong claim. Please keep us update with the developments.



Thanks,

Ridgesimon

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PostPosted: Fri Feb 08, 2008 7:26 am   Post subject: safer side  

Quote:
If a suit was filed, your son's carrier would have appointed him an attorney.




It might as well take some time for him to come clean...depending on the extent of the offense in case a suit gets filed against him. In case he is not the offender, the party at-fault's liability or comprehensive (if any) should come into the picture. If the party at-fault didn't have it, then it could be demanded out of your son's UM coverage (if he had any). So, you understand why your son seems pretty much on the safer side of things Smile

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PostPosted: Fri Feb 08, 2008 7:54 am   Post subject:   

hey cookie, what type of damages were paid by the driver at-fault? is it only the wreck caused to the vehicle or the bodily injuries also? Has your son filed his injury claim under the PIP coverage with his insurer? If it has been the case then he may get responsible to pay for the medical bills of his girlfriend, as the PIP coverage also gets extended to the passenger riding the vehicle. Hope this clarifies.



However, like others I too support the view that your son doesn't have much to worry.


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PostPosted: Fri Feb 08, 2008 11:04 am   Post subject:   

Welcome to the forums cookie, I agree with everyone else here, that the other person, if found at fault, should be responsible and their insurance company should come in and pick up the claim.



As the other posters have stated also, your son's insurance company should step in and protect him in this situation, goodluck, hope this works out soon.

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PostPosted: Fri Feb 08, 2008 5:28 pm   Post subject:   

Carla, you said:



Quote:
In case he is not the offender, the party at-fault's liability or comprehensive (if any) should come into the picture.




What does comprehensive (other than collision) coverage have to do with this? Comp is a physical damage coverage that pays for losses to the insured vehicle for OTHER than collision. Theft, fire, vandalism, etc. This coverage would have nothing to do with this situation whatsoever. Sorry.



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PostPosted: Fri Feb 08, 2008 6:41 pm   Post subject:   

Long and short of it, you can only sue someone and win if they did something wrong. If he was not at fault, then he can't be held liable for her injuries. Yes, he is responsible for the safety of his passengers, but all drivers are responsible for not causing accidents



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PostPosted: Fri Feb 08, 2008 7:03 pm   Post subject:   

Quote:
Long and short of it, you can only sue someone and win if they did something wrong.




The operative word here is "negligence." It ALL stems from negligence, and in the absence of negligence, there is no fault that may be attributed to the insured in this case. On the other hand- you can sue anyone for anything in this country...that's what makes it great! Very Happy



Quote:
My son, the driver, was involved in an accident which was not his fault. The vehicle at fault paid for the damages. The problem, his girlfriend, was in the car with him, and now her parents are suing my son and the person who caused the accident. Is my son liable?




Even though this legal standard is somewhat of a dinosaur- was there any contributory negligence assigned to the son? If so, and this is in a contributory negligence state, then there may be issues. Not likely, but something to consider.



Lori--- you have lots of knowledge in the negligence arena...care to comment further?



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PostPosted: Fri Feb 08, 2008 9:46 pm   Post subject:   

Joint and several....?


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PostPosted: Fri Feb 08, 2008 9:57 pm   Post subject:   

Quote:
Joint and several....?




Joint and several what? Liability? Not in this case...we're talking pure, plain old negligence here, and the concept of joint and several liability would not apply in this situation.



"Joint and Several Liability is defined as follows:



"A legal obligation under which a party may be liable for the payment of the total judgement and costs that are associated with that judgement, even if that party is only partially responsible for losses inflicted, whether bodily injury and/or property damage."



While I understand where this thought may have originated, I do not see this being the case here. The OP stated that the other party had assumed liability for the loss fully, meaning there should be no liability on the part of the OPs situation. Wikipedia has a really good definition for this:



http://en.wikipedia.org/wiki/Joint_and_several_liability



Check it out!



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PostPosted: Sat Feb 09, 2008 6:07 am   Post subject:   

Lets say the other party has state limits and the girlfriend's loss is more then the limits. Why not bring the OP's son in? A "good" attorney can find .001% of fault in his actions or lack thereof. As the girlfriend was an innocent party here, and depending on what state, I have seen this fly in court and in settlements. It is not that I agree, but I have seen it.


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PostPosted: Sat Feb 09, 2008 1:04 pm   Post subject:   

Good morning folks! How did I miss this thread?



Couple of things jump out at me here...first.....



Quote:
It might as well take some time for him to come clean...depending on the extent of the offense in case a suit gets filed against him. In case he is not the offender, the party at-fault's liability or comprehensive (if any) should come into the picture. If the party at-fault didn't have it, then it could be demanded out of your son's UM coverage (if he had any). So, you understand why your son seems pretty much on the safer side of things Carla~J
WoW! I don't know where this was cut and pasted from or what!! but not one bit of it pertains to this situation...I'm sorry but really it makes zero sense to me...if you'd like Carla, elaborate.



First OP, I doubt the girlfriend is ''sueing'' anyone, she is simply attorney represented right? Meaning no suit has been filed, I'm betting....also you guys, the only reason I can think of that she has named the OP's boy, and we all know attorneys name everyone! Is the OP's son has (or the attorney thinks he may have) UIM...In that case negligence does not come in to play at all on the OP's son...She has to prove her injury exceeds the at fault parties limit of course....another possilbity of course is his PIP or medpay coverage which she would be entitled to regardless of negligence...



COOKIE.... Please explain to us the facts of the loss (what exactly happen in the accident)...what her injury is, was your boy hurt? the other carrier paid 100% of his vehicle damage? What state are you in? We'll be in a better position to help..also EXACTLY what makes you say she (her parents) are 'sueing' you son...



By the way....my son (at about 19) had the same thing happen, his *then* fiancee' parents made her get atty rep'd on the 'down low' without any knowledge to us (accident was my boy's fault she was a passenger)...let me tell you when Mama Lori found out about that, (after I peeled the top of my head off the ceiling and reattached it)...THAT BI settled the next damn day! (no I didn't work for the company handling the claim)...



More info OP!



Ah Quenlin the innocense of youth !
Quote:
Long and short of it, you can only sue someone and win if they did something wrong
I get your point but more to the point isn't if you did something wrong, it's if you can convince a jury that something negligent was done...which unfortunately happens all the time...


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PostPosted: Wed May 15, 2019 2:45 pm   Post subject:   

The new moms at work expect me holiday late because I'm single



concern I covered for two parallel mat leaves last year. We went on the team of three to one. I made it implies of because I had a great manager. Now my co workers are back and expect me to stay late to do their lab work because I'm single. the truck driving expectation that I have the "Luxury of an accommodating schedule, How do I write that latamdatereviews.wordpress.com my work/life balance should be as respected as theirs? Or anyone's with or without young kids? learn how to this without causing friction?



I have eight grandkids I want to add to my will. How do I give them money without hard to take their parents?



case: night time. you are going to drift off, within your presleep mode of "Absurd inner most thoughts" thought patterns, "wow, certain, I'm gonna be wrapped/enraptured in the arms of Morpheus [God of going to bed]" through your cozy duvet. All is well in this field (So this reveals), And you're considering, "oh, Thank God I can leave my troubles and hardships behind for a few hours,



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When shortly after that, From additional room, You pay attention to: "Wahhh, Wahhh,



You live through whatever the baby's problems are. you've gotten up, Change the baby's drawers for him or whatever, get back bed, Try to fall asleep, Have some marginal success at that pursuit or perhaps none in any respect. Either way plenty of time passes, You toss and turn and, quickly, A day dawns and you have to drag yourself to work and deal with the backstabbers and double crossers and Machiavellian characters there.



Don't misunderstand me. I feel and fully understand the pain of the single person as much as anyone.



You're you can get, night after evening time, curious: "not working find love,



if you're a man (you did not specify, But I use the example because i see the POV of the male gender perhaps better than the other). You put yourself out there, night after night-time, Trying to meet the right lady by whatever means necessary online dating service personals, Blind dates or in the produce section of the food store. Yet you stay in single, Your heart yearning forever.



that can cause tiring too!



of course, I won't say that, more particularly, To your coworkers or bosses or whomever. Perhaps something a little vaguer plus much more diplomatic.



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But only, I like the sound of this "Great forex broker, Perhaps he's the key to the problems of your situation. It seems you could go over the heads of your co workers and speak right to your manager.



easy methods to a while since I've worked in an office, But I will say a few aspects of it:



natural environment. in general to be nice to people than not.



Every every now and then a diva would enter the newsroom, And the diva will probably be told by the boss: "You're probably going to be a star,



And the new hiree would twirl divaliciously towards the newsroom and act all superior.



One came onto where we, some sort of grunts, Were and also: "Do you know the difference between ''you're' and 'your',



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Because someone had spelled it wrong. which always, first, Makes no difference when you're just reading something into the camera.



combined with, Secondarily, Ticked us absent from, The stand and file. so, We started grumbling, And the grumbling became a muttering and next thing you know the divalicious hot shot is back out on the street, Except this time without a camera person and mic.



I there's more I'm saying is, first of all, Lead by example and always be nice to everyone near your desk or cubicle. classmates, should you have a beef with those in your vicinity, Go over their heads to one's "Great team boss" And say something to the issue of "enjoy, I feel like some of my colleagues are increasing me and I wish you would take care of that,



I hope and feel will work out well. And if it will, i recommend say (Metaphorically) Get on your knees and thank whatever deity you would imagine in, only "Your lucky moon" a person has a quote unquote "Great forex broker" Because even though I have limited experience with office environments, I know they are rare and to be much-loved.



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