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car accident

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M

mrdb

Guest
I am in the state of California. I had my daughters' car on my insurance policy (liability limit of $30,000). She had an accident with a pedestrian. Although the police report indicates the pedestrian to be at fault still she decided to sue. My insurance company decided to settle out of court for letigation reasons,but were not able to(plaintiff is demanding more than my liability limit). My daughters'car is her own and registered to her own name. My question is: am I a responsible party in this case because my name is on the insurance policy,or does all the responsibility goes to my daughter in case we lose this case.
I thank you for your consideration and await an answer!
 


I AM ALWAYS LIABLE

Senior Member
mrdb said:
I am in the state of California. I had my daughters' car on my insurance policy (liability limit of $30,000). She had an accident with a pedestrian. Although the police report indicates the pedestrian to be at fault still she decided to sue. My insurance company decided to settle out of court for letigation reasons,but were not able to(plaintiff is demanding more than my liability limit). My daughters'car is her own and registered to her own name. My question is: am I a responsible party in this case because my name is on the insurance policy,or does all the responsibility goes to my daughter in case we lose this case.
I thank you for your consideration and await an answer!
My response:

The vast majority of any judgment amount over the $30,000.00 will be your responsibility because you were the driver / insured. Because the car was your daughter's property, and she allowed you to use the vehicle, her Statutory liability cannot exceed $15,000.00.

So, you'll get a judgment against you, and your daughter will get a judgment against her. Yours will be paid up to the limits of your policy, and any overage will be your personal responsibility. If your daughter gets a judgment against her, and because the policy was not hers, she'll be liable for all amounts against her, up to the Statutory limit of $15,000.00.

IAAL
 
M

mrdb

Guest
Car accident

Following up my original question, I was not the driver, my daughter was driving her own car which was under my insurance policy.
 

I AM ALWAYS LIABLE

Senior Member
My response:

You are absolutely correct - - my mistake for having misread your post.

Okay, take yourself out of the picture in terms of liability. The insurance company will eventually pay out the policy limits, and any judgment in an amount higher than those policy limits will be on your daughter's shoulders.

IAAL
 

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