DUI rollover...are my parents liable?

lollygagger · #1 03-21-2005, 10:02 PM

What is the name of your state? Nevada

I got in a DUI rollover accident when I was 20. my friend in the car was seriously injured. I was a dependent of my parents. They paid my tuition, living expenses and owned the car. I was the primary driver but they were the policy holders. it looks like my friend will be trying to sue to gain above and beyond what the insurance settlement was for. i have absolutely no assets and my parents dont really have anything beyond a middle class house. my dad is self-employed but the company would yield little monetary value. there is no umbrella policy anywhere for us. my question is would my parents be liable for the damages sought if the lawsuit is won? i wish i could bring it all upon myself and am very scared that my parents could potentially suffer even more from my poor choices. thank you for your advice and insight.
lolly

Who's Liable? · #2 03-21-2005, 11:10 PM

bonehead...

lollygagger · #3 03-22-2005, 12:28 AM

Quote:

Originally Posted by Who's Liable?

bonehead...

the purpose of these threads is not to self-inflate your ego. quit being so **** self-righteous and judgemental. it is easy to judge a person, but it is much harder to understand. i did not make this post for morality suggestions or crass remarks like yours. i know that i screwed up horribly. i know that i made a monumental lapse in judgement. i know that i was an idiot. i also took full responsibility for my actions and pled guilty to the felony. i have been serving my time and will be going to prison this summer. i have been paying my penance to society. although the answer to the question in the original post may seem elementary and obvious, i wanted to get insight from somebody who has concrete knowledge or has had experience with the matter....with the purpose of avoiding making ignorant assumptions and assertions like you did. all felons are not inherently bad people. this single event does not define who i am as a person. even the best person, by any one person's definition of morality, makes mistakes. your loutish rhetoric, or should i just say word, shows what a lowly person you are, that you have to kick someone while they're down and use mindless attacks to elevate yourself in your own mind. believe in it or not....karma will right you in the end, and you will pay for spreading the words of a simple-minded, mean-spirited fool.

Lynx 36 · #4 03-22-2005, 09:18 AM

Quote:

Originally Posted by lollygagger

What is the name of your state? Nevada

I got in a DUI rollover accident when I was 20. my friend in the car was seriously injured. I was a dependent of my parents. They paid my tuition, living expenses and owned the car. I was the primary driver but they were the policy holders. it looks like my friend will be trying to sue to gain above and beyond what the insurance settlement was for. i have absolutely no assets and my parents dont really have anything beyond a middle class house. my dad is self-employed but the company would yield little monetary value. there is no umbrella policy anywhere for us. my question is would my parents be liable for the damages sought if the lawsuit is won? i wish i could bring it all upon myself and am very scared that my parents could potentially suffer even more from my poor choices. thank you for your advice and insight.
lolly

Since you are over the age of 18 and your parents own the car, you both could be named in a lawsuit. Even though your parents help you, you are still an adult and they are not legally responsible f/ your personal actions even though you may be listed as a dependent on their taxes. If the car wasn't in your parents name then you would be solely responsible.

You Are Guilty · #5 03-22-2005, 10:15 AM

Quote:

Originally Posted by Lynx 36

Since you are over the age of 18 and your parents own the car, you both could be named in a lawsuit. Even though your parents help you, you are still an adult and they are not legally responsible f/ your personal actions even though you may be listed as a dependent on their taxes. If the car wasn't in your parents name then you would be solely responsible.

That response is confusing.

It would be borderline malpractice not to name the owners of the vehicle in a lawsuit. The parents are 100% on the hook for all damages above and beyond the policy limits. Then, if they are forced to pay anything, they are free to recoup that portion of the award they paid for the drunken tortfeasor.

Lynx 36 · #6 03-22-2005, 02:01 PM

Quote:

Originally Posted by You Are Guilty

That response is confusing.

It would be borderline malpractice not to name the owners of the vehicle in a lawsuit. The parents are 100% on the hook for all damages above and beyond the policy limits. Then, if they are forced to pay anything, they are free to recoup that portion of the award they paid for the drunken tortfeasor.

Yea, was a little confusing. My point was that even though he is 20 and a dependent of his parents they are not responsible f/ his personal actions. They would be in this particular case b/c the parents own the car. They both will be named if there is a suit. Sue em' all, let the judge sort it out.

You Are Guilty · #7 03-22-2005, 03:45 PM

Ah, that makes much more sense.

I am constantly amazed at how contrite people get after the fact, yet all consistently fail to think of the consequences beforehand. This post is a perfect example.

lollygagger · #8 03-22-2005, 07:47 PM

Quote:

Originally Posted by You Are Guilty

Ah, that makes much more sense.
I am constantly amazed at how contrite people get after the fact, yet all consistently fail to think of the consequences beforehand. This post is a perfect example.

if everybody had perfect foresight, then we would live in a "sinless" society. nobody can claim to have never done a similar thing that you accuse me and others of. we are a species of instant gratification and tend to ignore consequences or long term effects. without mistakes and consequences, there would be no personal growth or development. i knew the consequences before hand, as most people do. unfortunately most people, especially teenagers, don't make decisions based on potential consequences. i, like many others, thought it was something that would never happen to me. life relies on a constant cost-benefit trade off. i am one of the relatively few people who drank and drive and got caught. unless you have never driven under the influence nor made a choice that potentially could have adverse consequences, you are in no better position to belittle me or any other person who has made a mistake in their life. the only difference between you and I is that I got caught. People should not be so quick to judge all "criminals". My friend made choices that night too. He knew I was drunk, he asked me to drive, he got in the car willingly and he chose not to wear his seatbelt. He also hasn't taken any kind of responsibility for what his actions caused, even if only accepting it to himself. unfortunately in our society, and especially according to Nevada state law, some people have to take full responsibility even when others were involved in their own fate. so many people have driven under the influence in their lives. they got lucky and nothing bad happened. it only takes once and it is a bad decision regardless of your justification. just because one may not have gotten caught does not give them the right to look down their nose at another who wasn't as fortunate. it may serve you well to read my second post on this thread, as you seem to have some smug tendencies like the less well-spoken fellow from earlier.

Who's Liable? · #9 03-22-2005, 09:42 PM

Quote:

Originally Posted by lollygagger

if everybody had perfect foresight, then we would live in a "sinless" society. nobody can claim to have never done a similar thing that you accuse me and others of. we are a species of instant gratification and tend to ignore consequences or long term effects. without mistakes and consequences, there would be no personal growth or development. i knew the consequences before hand, as most people do. unfortunately most people, especially teenagers, don't make decisions based on potential consequences. i, like many others, thought it was something that would never happen to me. life relies on a constant cost-benefit trade off. i am one of the relatively few people who drank and drive and got caught. unless you have never driven under the influence nor made a choice that potentially could have adverse consequences, you are in no better position to belittle me or any other person who has made a mistake in their life. the only difference between you and I is that I got caught. People should not be so quick to judge all "criminals". My friend made choices that night too. He knew I was drunk, he asked me to drive, he got in the car willingly and he chose not to wear his seatbelt. He also hasn't taken any kind of responsibility for what his actions caused, even if only accepting it to himself. unfortunately in our society, and especially according to Nevada state law, some people have to take full responsibility even when others were involved in their own fate. so many people have driven under the influence in their lives. they got lucky and nothing bad happened. it only takes once and it is a bad decision regardless of your justification. just because one may not have gotten caught does not give them the right to look down their nose at another who wasn't as fortunate. it may serve you well to read my second post on this thread, as you seem to have some smug tendencies like the less well-spoken fellow from earlier.

That said and done, I still think you're a bonehead...

stephenk · #10 03-22-2005, 10:48 PM

the person you should be talking to is your auto insurance carrier. typically the registered owners of a vehicle face limited exposure if their vehicle is involved in an accident when the owners are not the drivers.

However, if that was not the first ocassion in which you drove drunk and your parents knew you drove their car while you were drunk or after drinking, mom and dad could be on the hook for the full amount if the plaintiff can prove negligent entrustment on your parents for letting you drive the car - sober or drunk.

You Are Guilty · #11 03-23-2005, 08:40 AM

Quote:

Originally Posted by lollygagger

if everybody had perfect foresight, then . . . blah blah blah.

Well said. Enjoy making that speech at your prison AA meetings. It's great you're sorry and learned your lesson, but it took jail time for that to happen. You want a pat on the back? Don't expect any sympathy because you're sorry about your "mistake" now. That insults everyone else who thought about their actions beforehand and didn't make an obviously wrong choice.

lollygagger · #12 03-23-2005, 12:25 PM

Quote:

Originally Posted by You Are Guilty

blah blah self-righteous blah...Don't expect any sympathy ....blah blah we're holier-than-thou blah

i didn't expect any sympathy but I got it. Not because of my blogging skills, but because I was deserving of it. I am at the top of my Biology program and will be starting a Ph.D. program when I am finished with my sentence. I had no record. A law that takes away the judge's purpose of using their judgement is ludicrous. harsh laws for DUI are neccessary, but the pleas of MADD and other fanatics constitute cruel and unusual punishment. I will serve 3 months in a work camp/DUI camp....not 24 months in prison. The judge had to work the system and find a loophole but was willing to stick her neck out for who she thought was worth it. Once again, these threads are not for you to worship yourself or to speak down to others; they are for answering the question I originally posted. The only insult to you and "the others" is that you think you are any different than the people you are criticizing.

You Are Guilty · #13 03-23-2005, 12:41 PM

Quote:

Originally Posted by lollygagger

The only insult to you and "the others" is that you think you are any different than the people you are criticizing.

I'm not different? Let's see. You: criminal record and jail time. Me: Spotless record and the only time I've been in a jail is to conduct a deposition.

You: drunk driver. Me: not a drunk driver.

You: Your immature actions may cost innocent parents a lot of money. Me: My actions may result in my parents having a lovely time on the cruise I'm paying for.

You: Coming to me for legal advice. Me: Well, ya got me here. If I ever have any really hard biology questions, I'll be sure to look you up in your work camp.

lollygagger · #14 03-23-2005, 03:56 PM

Well if you think having a spotless record makes you divine or a success as a person then that holds true in your mind. I don't see that as any kind of marker of a person. A label, criminal record, that society puts on someone holds no bearing to me about their life's achievement. Many successful or outstanding people have some sort of criminal record. To counter the rest of your prattle:

Me: young, humble and retrospectively correcting past mistakes and ignorant thinking patterns. able to admit when wrong and grow as a person. still in college....aka illogical to compare to for career/monetary success

You: middle-aged, angry and vainglorious man who argues and compares monetary/career success with someone who can just barely call themself an adult. thinks of self as perfect and doomed to a stagnant void of personal development.

So where does the immaturity stand now?
yes partly with me, but I am at the age that I am still allowed.
if you want to banter each other about career choice further, feel free. I would gladly respond.

You Are Guilty · #15 03-23-2005, 05:01 PM

So youth somehow connotes to a "freedom to do stupid things without repercussion" card? With an attitude like that, you are certain to get far in life

Although you claim you are immune, a "label, a criminal record" that society "puts on" someone sure has a hell of a large bearing on everyone else. Take a quick peek around here for all the stories of people trying to expunge their "youthful indiscretions" (a significant percentage of which are DUIs I might add).

Fact remains that you screwed up big time. Whether you want to believe that you were merely the only one who got caught or whatever other nonsense might be running around in your vacuous head, the end result is that you are the one who failed to make the right choices and will now pay for that failure for the rest of her life. Do you know how many times you will be at job interviews explaining the "circumstances" of your conviction? How many jobs you will not get because of that? If not, you'll be finding out shortly.

If you care to continue this debate, feel free, but you've drifted so far afield from the point I originally made, it's nearly pointless to do so.

PS: I wasn't aware that a child of the 70's was "middle aged" now. Thanks for the heads up.