Small Claims court for Auto accident

Doug Johns · #1 07-15-2008, 08:34 PM

What is the name of your state (only U.S. law)? Louisiana

I own a car that I have given to my daughter. She is currently 19 years old. It is registered in my name, and the title is in my name. The insurance on the car is also in my name. About 7 months ago, my daughter backed into a parked car at a party. About 3 months later, the owner of the damaged car got a repair estimate, and called her up to have her pay. The owner has apparantly been trying to get her to pay for the damages since then. Today, I received a citation to appear in small claims court, and I am being sued for the damages. There is no police report on this event. I was not at the accident scene when it happened, and had nothing to do with it.

My daughter also received an identical citation as well. I have two questions

1) Am I personally responsible to pay the small claims lawsuit, or is this matter strictly between my daughter and the other guy? In other words, why am I being sued?
2) Since the guy waited about 3 months to get a repair estimate, does that make for a good defense to the lawsuit for my daughter?

ecmst12 · #2 07-15-2008, 08:37 PM

You are being sued because it is your car. Why didn't either of you turn this over to the insurance company right after it happened?

racer72 · #3 07-15-2008, 08:39 PM

1. As the legal owner of the car, you can be held liable for the negligent actions of those that you allow to use the vehicle.

2. No. He had 2 years to file a lawsuit.

You have two options. Pay the guy out of pocket or turn the lawsuit over to your insurance company.

Doug Johns · #4 07-15-2008, 09:09 PM

Quote:

Originally Posted by ecmst12

You are being sued because it is your car. Why didn't either of you turn this over to the insurance company right after it happened?

I wasn't aware of it. I think her argument is that she did not do all the damage that is on the repair estimate.

ecmst12 · #5 07-15-2008, 10:15 PM

Then she can tell her insurance company so when she reports the accident to them. Hopefully they will still cover even though she allowed herself to get sued before calling them.