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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Accident Damages Above Liability Policy

    My question involves an injury that occurred in the state of: NY

    I was seriously injured in an accident in NY which was the other drivers fault and instantly admitted as so. The individual was driving her parent's vehicle and was on their insurance policy. The damages are far above the liability policy of the girl who was driving the car registered to her parents. Is it possible to go after both the girl's liability coverage as well as the parent's because it was their car? Or is only the girl's coverage in play?

    Also, my attorney has said that if I went after them personally it would take 3yrs and they could just declare bankruptcy. Is it that easy? Can't we argue for a settlement that is above the liability policy, but is low enough so I get more money and don't put them into bankruptcy? Also, if I settle against the girl through the insurance, could I still go after the parents after that?

    Thanks.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Accident Damages Above Liability Policy

    Is it possible to go after both the girl's liability coverage as well as the parent's because it was their car?
    no. Only her policy is in play. The parents were not driving and are not liable.

    Also, my attorney has said that if I went after them personally it would take 3yrs and they could just declare bankruptcy. Is it that easy?
    You don't have grounds to sue the parents for anything.

    But yes, a suit against the driver personally could take years and get you absolutely nothing. Pursue the girl's insurance company.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Accident Damages Above Liability Policy

    There are circumstances where you may be able to sue an owner. Some states (including mine) have "owner liability" statutes making the owner responsible for the negligent acts of people using their cars. Other states are more limiting, but may allow suits on such grounds as "negligent entrustment", where the owner lends the vehicle to somebody they know (or should reasonably know) is not a safe driver. Your lawyer can fill you in.
    Quote Quoting boscor123
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    The individual was driving her parent's vehicle and was on their insurance policy. The damages are far above the liability policy of the girl who was driving the car registered to her parents. Is it possible to go after both the girl's liability coverage as well as the parent's because it was their car? Or is only the girl's coverage in play?
    If the girl's policy is the same as her parents' (she "was on their insurance policy"), there's only one policy involved. What other policy are you talking about?

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