Owner's responsibility?

[nijiz]

My son who's driving the car registered under my name just had an accident. The accident happened when he is off work going home. I live in California and I have found this section under California traffic law, does that mean if my son's at fault, I am liable for maximum $15,000 per one injury and $5000 for property damage? The other driver involved was injured in the accident, and it might go over our insurance liability. My son has been driving that car for 7,8 years, I just had never done the title transfer which is my fault. My son is also on my insurance, and we live together. Is it possible for the other party to sue me instead under any other clause from personal injury, or traffic laws?


17151. (a) The liability of an owner, bailee of an owner, or
personal representative of a decedent imposed by this chapter and not
arising through the relationship of principal and agent or master
and servant is limited to the amount of fifteen thousand dollars
($15,000) for the death of or injury to one person in any one
accident and, subject to the limit as to one person, is limited to
the amount of thirty thousand dollars ($30,000) for the death of or
injury to more than one person in any one accident and is limited to
the amount of five thousand dollars ($5,000) for damage to property
of others in any one accident.
(b) An owner, bailee of an owner, or personal representative of a
decedent is not liable under this chapter for damages imposed for the
sake of example and by way of punishing the operator of the vehicle.
Nothing in this subdivision makes an owner, bailee, or personal
representative immune from liability for damages imposed for the sake
of example and by way of punishing him for his own wrongful conduct.

 

[CdwJava]

It would SEEM to limit your exposure. However, there are other theories of liability you could be sued for that would fall outside the exceptions covered under CVC 17150 to 17159 et seq.


Anyone can sue anyone else for anything. Whether they will prevail or not is the question.

- Carl

 

[nijiz]

Thanks for the reply. Thus, the other party can still sue me over that maximum under some other laws because i am the owner of the vehicle?

 

[CdwJava]

Well, they can TRY. Your read of the section would appear to be correct in that under normal circumstances your liability would be limited. However, there are almost certainly other theories that you can be sued under that are outside the limits in 17151. The fact that your son still lives with you is something that will possibly open up additional avenues for the other side - especially if your son was unlicensed for some reason or was uninsured.

I would strongly recommend you consult an attorney to determine just what liability you might face based upon the facts of the case.

- Carl

 

[nijiz]

Thanks for the reply. Thus, the other party can still sue me well over that 15K maximum under some other laws because i am the owner of the vehicle?

 

[CdwJava]

They can TRY.

Remember: Anyone can sue anyone else for anything. That does not mean that they will succeed, only that they will try.

I recall a sail-surfing accident in San Diego one year that resulted in a serious injury crippling the surfer. The parties named in the lawsuit included the city that operated the beach where the surfer launched, the maker of the board, the maker of the sail, the subcontractors that created the steering/guiding rails along the sail and mast, and some John Does who were surfing that day. In the end, the whole thing failed, but not before the city and the sailboard manufacturers had spent money on their attorneys. Most suits are filed, I believe, to try and coerce at least a small settlement from the party sued. This happens a lot with cities and corporations as they figure that if they pay off the annoying plaintiff for less than it would cost for them to go to court, they win. Cities are notorious for paying off plaintiffs for all manner of losing claims just so they can save money on the attorneys.

No one can say whether you WILL be sued with a claim beyond the limits in the CVC ... but, you might. I would still recommend talking to an attorney just to be on the safe side.

- Carl

 

[beckettcmc]

Your limits are too low!

If the driver of the other vehicle has injuries exceeding they 15k of insurance you carry or if there is damage to the vehicle exceeding your 5k of coverage the insurance company representing the other driver WILL SUE YOU.

You need to increase your limits of liability. The 15/30/5 minimums were created in the 1950s. If you own a home or have assets you should carrey at least 100/300/100. You would not be worrying about this. Cheers and goodluck.

 

[CdwJava]

The OP wasn't citing the limits of his insurance policy, but the award limits as opposed by statute for the non-operator owner of a vehicle. However, as i wrote, I imagine there are a number of methods that can be used to try and sidestep the limits imposed by the statutes if the "deep pockets" happens to be the registered owner and not the driver.

If the damages are in excess of insurance coverage, then I agree - it's likely the owner will be sued along with the driver since I presume it is the owner of the vehicle that has the means and not so much the driver.

- Carl

 

[nijiz]

The OP wasn't citing the limits of his insurance policy, but the award limits as opposed by statute for the non-operator owner of a vehicle. However, as i wrote, I imagine there are a number of methods that can be used to try and sidestep the limits imposed by the statutes if the "deep pockets" happens to be the registered owner and not the driver.

If the damages are in excess of insurance coverage, then I agree - it's likely the owner will be sued along with the driver since I presume it is the owner of the vehicle that has the means and not so much the driver.

- Carl

Thanks Carl, you are exactly right. I have certain assets under my name that i am afraid the other party will sue for if the damage is over the insurance liability limit. On the other hand, my son doesn't have much money. My son is also on the same insurance policy as the one i am on.