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Son Hits Pedestrian April 2000

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M

minardml

Guest
California
My 18 year old hit a drunk (.29 bac) pedestrian in a crosswalk coming home from work. The car is his, but is registered in my name and he is on my insurance policy. The limits of my policy are only 100/300. My insurance company says that this could easly be a million dollars lawsuit. The man has brain damage, his medical bills currently are in excess of $400k. Fortunately he is single and does not care for a family. We live in California so the pedestrian is always in the right. My son was charged with failure to yeld, he was also doing 5 to 10mph over the limit. My question is beyond the insurance limits what could my, or my sons financial responsibility be in this case if $100K is not enough money and they sue for more. I am a home owner, I do not have liquid assets that would even come close to 1 mil. What is the best way to protect myself, my home etc. Thanks for advice.

[Edited by minardml on 01-05-2001 at 02:49 AM]
 


M

minardml

Guest
Bankrupcy is not an option unless I wish to lose my job also.
 
T

The Legal Shoppe

Guest
Has a lawsuit been filed yet against you or your son? What is the actual demand being made by the claimant? Does your insurance company think that you have exposure above your policy limits? Does your insurance company think that you have personal liability? Have you talked to your own lawyer yet? If not, spend a little time and money and get a legal opinion before you file bankruptcy or otherwise panic.
Keep us posted.
 

I AM ALWAYS LIABLE

Senior Member
The Legal Shoppe said:
Has a lawsuit been filed yet against you or your son? What is the actual demand being made by the claimant? Does your insurance company think that you have exposure above your policy limits? Does your insurance company think that you have personal liability? Have you talked to your own lawyer yet? If not, spend a little time and money and get a legal opinion before you file bankruptcy or otherwise panic.
Keep us posted.

Dear Fred:

You've got to read our writer's post a little closer. All of your questions are answered in the original post - - with the exception of a lawsuit being filed, and that's a foregone conclusion.

Our writer has already said the man's medicals are at 400K and has brain damage. Our writer has 100K coverage. Our writer does not want to consider Bankruptcy.

You do the numbers.

IAAL
 
M

minardml

Guest
The law suit has not come forth yet. My insurance company told me that the injured party has representation. They (my insurance) have asked to see medial records etc. I have been instructed that if the man is as injured as stated that they will pay the limits of my policy. My concern is over and beyond the 100k. My son is a college student and has no $$$. I was wondering what typically happens in cases like this to the party being sued or their parents in this case. Do I run the risk of losing my personal property, like my home. I will talk to my insurance company on Monday and ask some of these questions.
Thanks. Mike

[Edited by minardml on 01-05-2001 at 09:27 PM]
 

I AM ALWAYS LIABLE

Senior Member
minardml said:
The law suit has not come forth yet. My insurance company told me that the injured party has representation. They (my insurance) have asked to see medial records etc. I have been instructed that if the man is as injured as stated that they will pay the limits of my policy. My concern is over and beyond the 100k. My son is a college student and has no $$$. I was wondering what typically happens in cases like this to the party being sued or their parents in this case. Do I run the risk of losing my personal property, like my home. I will talk to my insurance company on Monday and ask some of these questions.
Thanks. Mike

[Edited by minardml on 01-05-2001 at 09:27 PM]

My response:

You have already said that the car is registered to you, but that "the car is his". Guess what ? Under the law, the car is yours. You're the one with the liability.

Mike, you're in denial. You're going to get "hit" big time. Without Bankruptcy, you're going to lose everything.

I've already given you my answer in my first response.

I can't help you any more, or any longer.

IAAL

 

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