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CA, my brother rear ended a vehicle and recevied a DUI, he is under family insurance

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mckenneth

Junior Member
What is the name of your state (only U.S. law)? California

Hello,

My brother is under the family insurance plan and he has liability only insurance on the family car. The car is registered in my and my dad's name.
He got into a car accident where he rear-ended the other driver. He was taken into county jail with BAC of 0.13% he is 22 years old

He is unemployed, he hasn't worked for over a year, and he uses and lies to my family to support his unemployment.
I personally don't care what happens to him, but I want to make sure that this doesn't cost my family any money.
He can take the DUI and keep it on his record, and do community service until it is paid off.

I need to know if the other driver has any legal precedent to sue my father or anyone else in the household if they find that the liability insurance doesn't cover all the damages.

I don't know what car he hit yet, and I don't know if the other driver was injured, from the damage it doesn't look like it was very serious. He is most likely going to be at fault, unless the other driver got a DUI too.

I would like to know how to proceed with this in order to save my family from spending any money other than repairing our car.
Also I would like to know how to avoid any potential legal problems resulting from him being on the family insurance plan, it being a family car with multiple registered owners, and him living with us (but not paying any rent)

I'm seriously considering removing him from the household, is this going to help resolve any issues?

Also is it possible to avoid insurance rate increases by removing him from the family plan?
Thanks,:confused:
 
Last edited:


PayrollHRGuy

Senior Member
Assuming neither you nor your father new he was out driving drunk or was using the car do do something for either one of your California law limits your liability.

ARTICLE 2. Private Owners [17150 - 17159] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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.
The liability insurance should cover the amounts of your liability. Kicking your brother out of the house at this point isn't going to help you at all with this issue.
 

HighwayMan

Super Secret Senior Member
If you and your father are the owners of the car you can both be sued. This should be a wake up call to your and your family. Stop giving your brother access to YOUR car.
 

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