scclark9

[scclark9]

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

Hi,
My question concerns who is responsible for an auto accident claim. My son purchased a truck from my husband in June of 2010. He took the bill of sale and obtained a loan to pay off my husbands loan. This was also in June. However,the title was not transferred until late July. The truck remained insured by my husband and me (my son was also listed on that policy) until my son could afford to purchase insurance in his own name. On July 8th , my son was at fault in a rear end collision on his way to work. It was early morning and dark. The trailer he hit had no tail lights and he didnt see it but I dont think they were cited. There were no initial injuries in the crash and no ambulance was called. We have 25/50 insurance which has promptly been sued for injuries by the other party. My question is, Can my husband and I be personally sued or is it my son, or both? My husband received a letter from the other party's attorney saying they were representing for injury. My son is 19 and doesnt live at home anymore(since May). I am worried we are still liable.

Thanks

 

[HighwayMan]

You're not 100% clear on when the insurance was "transferred", but based on everything it seems like your husband had the truck insured at the time of the accident. So of course it's his problem. If he had the title and insurance in his name he's on the hook.

Just because a vehicle has no tail lights doesn't mean it can't be seen, so I don't know how or if the insurance company takes that into account.

 

[justalayman]

your son, who doesn't live with you, was listed on your husbands insurance policy? Was the insurance company aware that your son did not live in your household?

 

[aldaron]

My experience is the insurance co will assign say 70% your fault and 30% the other party because they were in violation of the law by not having visible tail lights at night. I'm guessing at the percentages. I backed into a car once illegally parked in a fire lane and was hit with being 60% at fault because he was illegally parked......surprised me.

 

[ecmst12]

I would be surprised at that, how is he going to prove that the lights weren't on?

 

[scclark9]

Thanks for the replies. I am not contesting my son's fault or the fact that my insurance was sued. The insurance was in my husband's and my name and I expected it. My concern is should my limits of liability not be sufficient to cover the amount the other party is suing for. I know they can sue my son but can they sue my husband personally? Can they sue me if I was not on the title ever but on the insurance policy? The bill of sale and the loan transfer occurred in June, the accident on July 8, and the final title transfer by the bank July 23. When does responsibility transfer? At the bill of sale or at title transfer?

Thanks

 

[scclark9]

Hmm, Lost a post somewhere.

In response to justalayman, both my son's were listed on our policy as driver's of our vehicles. The son in question turned 19 in May and moved out. This is why he purchased my husband's truck. The insurance company was aware of this. We were waiting for the title to be transferred to my son's name, which it now is. The vehicle is now insured in my son's name. I don't know why the bank took so long to send the paperwork to the DMV. It seems this should have been done when my son obtained the bill of sale and the loan back in June but it wasn't. Hence, my dilemma. Also, to clarify the tail light issue. The vehicle he hit was towing a black trailer. The vehicle had tail lights, which he saw. The trailer did not. It was 5:30am, dark and the exit ramp was unlit. He braked to the taillights on the vehicle and hit the trailer. That was what he reported to the officer. Irreguardless, he was at fault

 

[ecmst12]

Well, first, your insurance company will not be sued, the at fault party or parties are sued and the insurance defends.

Second, it is possible you and/or your husband could be named in a lawsuit. Whether you would actually be found liable is a matter of debate and ultimately for the judge to decide if it goes that far. But you would need to provide a defense either way, which your insurance would provide for you.

 

[You Are Guilty]

I would be surprised at that, how is he going to prove that the lights weren't on?

Not that it would be done here, but a forensic examination of the bulbs usually shows whether the bulb was illuminated at the time of the accident. The filament breaks differently when electricity is running through it. (I'm sure google can offer more specifics if you're interested).