I am being sued due to accident in my car taken without my permission

[DebThomas]

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

My residence is in California. While in Louisiana taking care of my mother in her last days, my car was taken without my knowledge or consent by my son's girlfriend, who in turn let her girlfriend, drive and caused my car to be in an accident. My insurance paid for the other party damage which I guess means the person that was driving was at fault.

The other party is suing me, and in the suit it states "I had knowledge and gave consent to the party driving" and is suing me. I do not know or have met the person that had the accident in my car.

I have proof that I was indeed in Louisiana when this accident happened in California. My son's girlfriend took my keys while my son was at work. She moved in with my son while I was away.

I'm I liable?

 

[stephenk]

what has your attorney told you, the one hired by your insurance company?

 

[DebThomas]

I didn't know I should be looking to my insurance company for assistance. The suit states it is an Unlimited Civil Case (amount in excess of $25,000.00) and the party is trying to sue in excess of the legal limit, whatever that is. My insurance had personal injury of $50,000.-$100,000. I have inquired from my insurance just what was paid to the other party, but so far no answer. I have been trying to get a lawyer but so far no offers. I received this suit 01/07/04.

 

[RunningOnEmpty]

Call your insurance company IMMEDIATELY and advise them that you have been served with a lawsuit. The suit must be answered and there is a time limit.

Your insurance company is obligated to defend you. They will give the suit to their attornies, who will defend you. There is no cost to you for this and attorney fees do not come out of your policy limits.

You should fax them a copy today. Time is of the essence.

 

[DebThomas]

RunningOnEmpty, Thank you for the info. My insurance company is handling my suit. Again, THANKS.......d

 

[dileep]

Hi Deb,

Im in the same situation. I loaned my car to a friend who loaned it to someone else without my permission. My insurance company says my policy wont be liable if it was driven without my permission. But does anybody know if I would personally be held liable for this? Deb, did you let your insurance company know that you hadnt given permission? Is it at all possible that your insurance company wont be liable and yet you personally can?

Thanks,
Dileep

 

[DebThomas]

dileep
I don't know anything at the moment. My insurance company has informed me that my suit has been submitted to their attorney to protect my interest and that their attorney will be answering the suit and will be getting in touch with me. I don't see how I can be liable for something I knew nothing about and I did not give my permission???????? I will contact them on Monday and ask.

 

[dileep]

Deb,

Did you have to get any kind of letter from the driver admitting he/she drove without your consent?
You can send me a private reply if u prefer.

 

[DebThomas]

dileep,

I don't know how to send/do private reply.

Anyway, I got a statement from my son's girlfriend and sent to the two insurance companies involved when I first filed the claim when I got back home to CA. So...., to answer your question I got a statement that I did not give permission or authorize her to drive my car at any time and I got proof that I was not in CA at the time of this accident.

 

[Crazyhorse]

I've read a few cases in school where the insurance company just totally screws over their insured. Keep in mind that the insurance company is Satan... and the lawyer is their minion. Make sure you get everything in writing.