Ex Boyfriend Totaled my car and hit someone else during the accident, now being sued.

[Woodruffraven]

What is the name of your state? The accident happened in New York State

i need some legal advice. About a year ago my ex boyfriend was in a car accident, which left him paralyzed. During the accident he did hit a woman who was driving in the other lane, she was not hurt badly, but is now suing my ex and i for $21,000 in property damages for her car. My ex was not on my insurance at the time of the accident, my car was in my name. I was not in or near the accident at all, i was at home. I am only 23 yrs old and cannot afford a lawyer, although my ex does have a lawyer to represent himself, i do not. In result of my ex injury he did receive an insurance payout of $120,000, which i was unaware of at the time, i just recently found out about that. I would think that he would at LEAST pay the lady that he hit, her $21,000 but no, he did not and now she is coming after me. I am in the proccess of efiling online, but i am not sure what the outcome would be on my end. Or what the judge will decide, i do not have $21,000 i am a broke college student....What should i do? Thank you!

 

[HighwayMan]

Was he a regular driver of the car or was he just an occasional driver? If the latter your insurance company should cover it. Was the accident reported to them?

Who paid your boyfriend the $120k??

 

[Woodruffraven]

He was just an occasional driver. & yes the accident was reported to my insurance. And my ex had health insurance through his job so his insurance company sent him the money.

 

[Ohiogal]

He was just an occasional driver. & yes the accident was reported to my insurance. And my ex had health insurance through his job so his insurance company sent him the money.

Why did you allow him to drive your car if he was not insured? That is called negligent entrustment and you can be held jointly and severably liable for the woman's damages.

 

[Woodruffraven]

Okay thanks ohio gal! I know that!

 

[Zigner]

You need to tell your insurance company about this.

 

[adjusterjack]

He was just an occasional driver. & yes the accident was reported to my insurance.

Good. Call the insurance company that you had on the date of the accident and report the lawsuit. Get a claim rep's name, phone number, fax and email and forward the lawsuit papers ASAP.

He was driving your car with permission. You should both be covered against lawsuits by the liability insurance section of your policy.

Why did you allow him to drive your car if he was not insured? That is called negligent entrustment and you can be held jointly and severably liable for the woman's damages.

But he was insured. The NY Personal Auto Policy, under the Liability section, defines "Covered person" to include "any person using your covered auto."

Although negligent entrustment is not an issue here, you should know that NY holds the owner of a car statutorily responsible for the negligence of the driver. No need to even prove negligent entrustment.

You need to tell your insurance company about this.

Immediately, if not sooner.

 

[HighwayMan]

And my ex had health insurance through his job so his insurance company sent him the money.

Sorry, but maybe his own health insurance company paid his bills, but they didn't just send him $120k as a bonus.

 

[not2cleverRed]

Sorry, but maybe his own health insurance company paid his bills, but they didn't just send him $120k as a bonus.

However, since he is paralyzed, it is easy to imagine that he had over $120K in medical expenses, and will have ongoing expenses for the rest of his life.

 

[Zigner]

However, since he is paralyzed, it is easy to imagine that he had over $120K in medical expenses, and will have ongoing expenses for the rest of his life.

Yes - but it's the doctor's that get paid, not the guy.

 

[adjusterjack]

Just speculating here - he might have had an accident insurance policy that paid a lump sum for the specific disability.

 

[Zigner]

Just speculating here - he might have had an accident insurance policy that paid a lump sum for the specific disability.

That's a good point.

 

[Litigator22]

Okay thanks ohio gal! I know that!

Pardon me for saying so, but NO! You do not know that! Nor does OG!

Because if either of you understood the burden of proof needed to sustain a tort action for the dangerous entrustment of a chattel (such as a motor vehicle) you would know that you as the owner and alleged entrustor of that vehicle you might possibly have a defense to the plaintiff's lawsuit.

Meaning that under the theory of "dangerous entrustment" the plaintiff would be required to prove not only that the person to whom you loaned the vehicle was incompetent to operate the vehicle, but that you had prior knowledge of his incompetency, and that such incompetency was the proximate cause of the accident. *

However - and unfortunately as it is for you - the plaintiff does not need to proceed under a tort theory of dangerous entrustment. All she needs to prove up her lawsuit against you is to establish by a preponderance of the evidence that you were the owner of the vehicle involved in the accident ; that it was being operated with your permission at the time of the accident; and that the negligence of the operator was the proximate cause of accident and the resulting property loss. **.

___________________________

[*] See: Splawnik v Di Caprio, 146 AD2d 333, 335-336; Golembe v Blumberg, 262 App Div 759, 759; Schneider v Van
Wyckhouse, 54 NYS2d 446; Restatement [Second] of Torts § 390, Chattel for Use by Person Known to be Incompetent).

(**) Section 388 New York Vehicle and Traffic Law (in part) "Every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner. . . "

 

[Zigner]

Pardon me for saying...

Well said and researched. Of course, you're saying the same thing that was said here: https://forum.freeadvice.com/threads/ex-boyfriend-totaled-my-car-and-hit-someone-else-during-the-accident-now-being-sued.651305/post-3599038

 

[Ohiogal]

I misread that there was no insurance. pardons. And thank you Litigator for all that research.