Who is Liable for Injuries in an Accident Caused by Excluded Driver in a Parent's Car
My question involves an injury that occurred in the state of: Maryland
Hello I am a 20 year old full time student. Last week I was involved in a car accident. I was driving on the left side of a 3 lane road. I saw another car at an intersection, his whole front bumper was sticking out into the left lane I was in. (about a quarter of his car was in the lane). Since I saw that I decided to switch to the middle lane so I can avoid him without stopping. As I switch to the middle lane I drove an extra 5mph resulting in driving 50mph on a 40 mph speed limit. I was not expecting the other driving to speed up and get into the middle lane. (I thought he was going to go into the left lane because his car was turning towards that way) Since, he drove into the middle lane I did not have enough time to stop the car so it resulted in a rear end collision. My whole front is busted, driver airbag was deployed. Since this was my first accident I was scared so I went on the ambulance. I got checked out and everything was fine. I did not have any severe injury. As for the other car 75% of the bumper fell off,(it was still hanging when i saw it at the junkyard to take a look at my car.) Right before I was discharged from the hospital i was given a case # and was told that the accident was my fault. I then called my insurance company to make a claim. The insurance company called my dad and told that I was an excluded driver and that they will not cover for the damages that was done. My father and I was not aware of that until we looked closely at the insurance policy. So now I am scared. We already tow my car to a friend's autoshop so we don't get charged for leaving the car at the junk yard. One of my dad's friend who specialize in these situation told me that I should wait and see what the other driver does.
So my question of concern is how likely will the driver will sue me. In the police report it states that the driver was apparently not injured and that the passenger had possible incapacitating injury. Also the car's side air bag deployed. The reason for the concern is that the other driver has the same brand insurance as my life insurance policy that was left behind from my mother. Right now I am afraid that I will get sued and lose all the money and my home because my father owned the car. I was planning to call the other driver and desperately ask him to forgive me and make an arrangement to pay for the repair for his car, but I was told not to do anything. I'm just afraid of losing the money my mother left behind.
Re: Excluded Driver Accident, Will I Get Sued and Will My Father Get Dragged in
It's quite likely the other driver (or his insurer) will sue you as well as the injured passenger. And yes, they're likely to shotgun the lawsuit at both you and your father.
Re: Excluded Driver Accident, Will I Get Sued and Will My Father Get Dragged in
If there were no injuries involved it could be settled and it not be a big deal as long as you were willing to pay the costs. Given the statement of possibly incapacitating injuries, there is no way to know how much the ultimate costs may be.
While it is generally accepted most accidents where you run into another vehicle in the rear are the fault of the driver in the rear, you should consider hiring a lawyer to review the situation to determine if you are truly at fault. Otherwise you will end up owing the total amount of the damages. Your description is not the simple "I ran into the rear of a car in front of me" so there may be something in there reducing your fault in the matter.
Yes, your father will be brought into this and may be found liable as well. There was a reason you were an excluded driver and since he allowed you to drive his car knowing that, it may make him liable for the damages as well.
Re: Who is Liable for Injuries in an Accident Caused by Excluded Driver in a Parent's
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Theironclad
My father and I was not aware of that until we looked closely at the insurance policy.
I find it hard to believe that your father was unaware of the exclusion. Named Driver Exclusions have to be signed by the Named Insured when they get added to a policy and they get added to a policy after some discussion between the underwriters and the insured as to a problem driver that results in the need for a Named Driver Exclusion.
Re: Who is Liable for Injuries in an Accident Caused by Excluded Driver in a Parent's
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adjusterjack
I find it hard to believe that your father was unaware of the exclusion. Named Driver Exclusions have to be signed by the Named Insured when they get added to a policy and they get added to a policy after some discussion between the underwriters and the insured as to a problem driver that results in the need for a Named Driver Exclusion.
yep and that is all the more reason dad needs to be concerned about him being held liable for the damages as well.
Not going to check the laws but op AND father need to figure out if either OR BOTH of their licenses may be suspended over this.
Re: Excluded Driver Accident, Will I Get Sued and Will My Father Get Dragged in
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jk
Yes, your father will be brought into this and may be found liable as well. There was a reason you were an excluded driver and since he allowed you to drive his car knowing that, it may make him liable for the damages as well.
There's almost no doubt that the father (owner of the car) would be sued but JUST knowing that his son was not insured may not be enough to make him liable. There would have to be other factors.
Maryland appellate courts use the following definition of "negligent entrustment:"
"The doctrine of negligent entrustment provides that one who supplies directly or through a third person a chattel for use of another whom the supplier knows or has reason to know to be likely, because of his youth, inexperience, or otherwise, to use it in a manner involving unreasonable risk of physical harm to himself and others whom the supplier should expect to share in or be endangered by its use, is subject to liability for physical harm resulting to them."
http://law.justia.com/cases/maryland...2519s03-1.html
Re: Excluded Driver Accident, Will I Get Sued and Will My Father Get Dragged in
That is why I said this:
There was a reason you were an excluded driver and since he allowed you to drive his car knowing that, it may make him liable for the damages as well.
Re: Excluded Driver Accident, Will I Get Sued and Will My Father Get Dragged in
My father (not fluent in English) does not recall signing any documents putting my name as an excluded driver. But there might be a chance that he forgot because I did have an accident when I was 16 (I went to court a year later and the judge decided to drop the case and my charges) so I think it has to do with my first accident.
So my question is, what should I do now?
At this moment I am really afraid and I was thinking of reaching out to the other driver and in hopes of making an arrangement with him. But, my father's friend who specialize in this situation told me it would be best for me to wait and see what the other driver does.
Re: Excluded Driver Accident, Will I Get Sued and Will My Father Get Dragged in
As I said, given there are injuries involved it changes the entire game. There is no way to know at the moment if the medical costs are $20 or $200,000 (and yes, if somebody is talking about incapacitating injuries even $200,000 could be only a portion of the total costs).
given the seriousness of the accident I would not do much of anything without a lawyers counsel. As I said before, fault may be not all yours and you surely do not want to commit yourself to paying where you don't actually owe.
Re: Excluded Driver Accident, Will I Get Sued and Will My Father Get Dragged in
Thank you, I will just wait and see what happens.
One more thing, am I still able to drive? I did not receive any citations so I do not know if I am allowed to drive.