can he sue me???

What is the name of your state? What is the name of your state? california

here's what happened...

my brother from navada came bac to ca. to visit the family. he took my car w/o permission and i didn't realize that he had done so because i work graveyard shifts and sleep during the day. he got in an accident and i have full coverage, however, he was not listed on my policy or was excluded and took my car w/o permission and so my insurance company refused to pay for the damages on either side. the owner of the other car is now threatening to bring me to small claims court for the damages on his car.

can he sue me??? i am the owner of the car but the car was taken w/o my permission and it's not my fault my insurance won't pay for the other party's damages. if he can sue me just because i'm the owner of the car and is responsible for the vehicle than does this mean i will lose the case for sure???

[I AM ALWAYS LIABLE]

Originally posted by NeeDAdvice916
What is the name of your state? What is the name of your state? california

here's what happened...

my brother from navada came bac to ca. to visit the family. he took my car w/o permission and i didn't realize that he had done so because i work graveyard shifts and sleep during the day. he got in an accident and i have full coverage, however, he was not listed on my policy or was excluded and took my car w/o permission and so my insurance company refused to pay for the damages on either side. the owner of the other car is now threatening to bring me to small claims court for the damages on his car.

can he sue me??? i am the owner of the car but the car was taken w/o my permission and it's not my fault my insurance won't pay for the other party's damages. if he can sue me just because i'm the owner of the car and is responsible for the vehicle than does this mean i will lose the case for sure???

My response:

So, you have a "driver limited" policy - - which excludes everyone else, except you, from driving your car.

I'll let you in on a secret . . . you "allowed" your brother to drive your car. You can't fool us. He's your brother. Do you think, for one minute, that we would believe you? Do you know why I don't believe you? It's because it wasn't until after the accident that found out that you had a "limited driver" policy. You had no idea about that when you gave your brother the keys.

Also, even if you didn't hand him the keys, he had your "implied" permission because you left your keys available to any of your family members to take. So, your "argument" about not giving permission has holes in it.

You're on the hook for the maximum of the follow dollar amounts under these circumstance - -

Permissive use liability arising out of a single accident is subject to the following limits:
-- $15,000 for injury or death to any one person;
-- $30,000 for injury or death to more than one person; and
-- $5,000 for property damage. [Ca Vehicle § 17151(a)]

So, why won't your irresponsible brother pay for the damages?

IAAL

[stephenk]

Excellent deduction Mr. Holmes.

Very truly yours,

Dr. Watson

well i'm sorry to hear that you don't believe me. maybe i shouldn't tell you or the whole forum this but...ehhh. i'm only 19 years old and i bought my car about a year ago. it's a two door mitsubishi eclipse gt and it was brand new. i was 18 when i got my insurance and my annual premium is 3500 after the good student discount. the insurance sells rep. made it very clear to me that i am the only one covered and i made that clear to everone in my family. no one is given permission to drive my car because if something happens i'm the one that will be left w/o a car. the sales rep. repeatedly advise me to under no circumstances let anyone else use my car because she doesn't want me to be left w/o a car if someting happpens. i guess since i live under the same roof as my family members...they all have my "implied" permission to take my car eventhoough i did not give permission so therefore iam liable and the other party can sue me.

what if it was a friend of my brothers who took my keys because he came by the house to visit??? does he have my "implied" permission too just because i had left my keys out or does the "implied" permission only apply to my family members??? I only wanted to know if i am the only one liable, and not my brother, to pay for the damages??? if my brother is liable then the other guy shouldn't have the right to sue me but if i am liable then i'll pay for the damages.

[stephenk]

In California, the owner of the vehicle and the driver are both liable for an at fault accident. The owner is only liable up to statutory limits (the amounts IAAL posted). The driver's liability has no cap.

Now, the injured party can sue both of you or just one or the other. Since your brother lives in Nevada, guess what, you are the easy mark. The other party can collect from you up to the statutory limits.

You then have the option to go after your brother to reimburse you for whatever you had to pay. If your brother is a stand-up guy he would not let you face the damages alone but should offer to pay or negotiate a settlement with the other carrier.

thank you for clearing that up stephenk!!!

since i'm the owner of the car i'm liable for the damages, but what if i think he's asking me for more money than he deserves??? it only took me 492.72 to get my car fix and it's a new car. i'm not trying to be mean or anything but he drives a very very very old '89 accord with scratches and dents everywhere and he gave me an estimate of 1317.00. i'm not a mechanic but that seems a bit much for his car. he's willing to settle for a grand if i want to settle this matter outside of court but he won't take anything less. it's one thing to be taken advantage of because you didn't know better but it's another if to let people rip you off and gett away with it when you know that they are ripping you off. do i have any other options beside paying him the amount that he is asking for??? i have no problem paying for his damages but i think he's a bit greedy and just want some extra money in his pocket.

[stephenk]

why dont you ask your brother what he is going to contribute before you decide to settle.

he had given me 700 and that's all he can afford for now. i used 500 to fix my car so the other two goes towards the settlement. i have to pay the rest. he's doing his best and he's my brother so i'm not going to be a witch and go after him.