My stepdaughter has been driving a car that is in my name eversince her mom and I got separated. We never had communication. But last week, my car insurance informed me that the car that my stepdaughter used rear-ended the other car and they rejected the claim. They informed me that the car owner might file a claim directly against me. IS it really possible? The car is in my name but i wasnt driving it eversince. Will I still be liable for the accident? what about my stepdaughter?
2007-12-19 05:45:48 · 22 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
yes becasue it is your car...
2007-12-19 05:47:31 · answer #1 · answered by Monica K 4 · 1⤊ 0⤋
wow. that is a heavy duty problem. I hope no on ewas hurt. Just the car.
i would guess that yes, since it is your car, you would be liable, as you assume the risk when you let stepdaughter drive it.
I don't know what would happen with your stepdaughter.
Is there a way you can work out damages directly with the owner of the other car? some kind of payment plan? and let your step daughter work off some, if not all of it?
that would be the best case senario (doesn't jack your insurance rate up either).
if you plan on letting her borrow the car again, you should put her down as a "casual driver".
I hope everything works out for you.
2007-12-19 05:51:42 · answer #2 · answered by Anonymous · 1⤊ 0⤋
They don't file a claim against you, they SUE you. Yes, as owner of the vehicle, you're legally responsible for all those damages.
Unless your stepdaughter has assets that can be attached - you can bet your bottom dollar that you'll be getting lawsuit papers. A smart lawyer isn't going to bother suing the person that has nothing - they'll never get their money. They'll sue the person with assets to attach, maybe a job where wages can be attached, maybe a house they can put a lein against.
What you did, is called "insurance fraud". You provided your vehicle for someone else's use, and didn't list them as an operator on the policy, in order to save money.
So, now to pay for it, it's going to cost you the repairs to your car, the repairs to the other car, rental for the other person, all their medical bills and lost wages, and depending on the severity of injuries, thousands to tens of thousands in dollars, of pain and suffering.
Go add that kid to your policy NOW. Within the hour. Or if she does it again tonight, you'll be on the streets. You the owner of the car are fully liable for any damage YOUR VEHICLE does, unless it's being stolen at the time.
2007-12-19 06:13:48 · answer #3 · answered by Anonymous 7 · 0⤊ 0⤋
Because the car is in your name you are liable for whatever happens with the car. If you want your step daughter to pay for the damages then you have to contact her and explain the situation and let her know that she if a claim is filed against you that she is going to be held liable for it, not you.
And also since the accident is on your insurance, you are liable to have your insurance rate go up as well. It would be in your best interest to have her removed from your car insurance after this matter is settled, not before.
Im assuming that she is on your car insurance, if she is not then you are going to have to go after your step daughter directly for the monies the other owner is goig to be suing you for.
Because you were not the driver you would win this in small claims court. If you cant work something out with her. but bottom line is yes, its under your name, your car insurance, so you are held liable.
2007-12-19 06:07:55 · answer #4 · answered by Faithful_tab 3 · 0⤊ 1⤋
Since the insurance policy was in your name, it doesn't matter who was driving the car (unless it was stolen). You could be liable for the damages, if the person your stepdaughter rear-ended decides to press charges.
2007-12-19 05:49:41 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Yes, there is a legal possibility that they can come after you on a property damage claim as you are or were the owner of the car. But you can always sue her in small claims to get the money back that comes out of your pocket to settle the case.
2007-12-19 05:49:30 · answer #6 · answered by vixxen 5 · 2⤊ 0⤋
This happened to me before, but i was the driver(your stepdaughter) and my friend was the owner(you). What happened to me was they sued me and the owner of the car. The owner got out of it because I was loaned the car from him, making me the "legal" owner. He got his "punishment" from the ins. co. buy raising his rates because his car was in an accident. So, yes, you can be sued for the damages, but a lawyer should be able to get you out of paying.
2007-12-19 05:55:02 · answer #7 · answered by FATBOY 3 · 1⤊ 0⤋
If you own the car, you are responsible for who drives it. Your insurance company, if the policy was in your name, should cover the accident IF you gave her permission to drive it. By her having possession of the car, it may be implied that you gave her permission, in which case your insurance company should pay the claim. If they dispute it, file a complaint with the insurance commissioner of your state.
2007-12-19 05:54:26 · answer #8 · answered by Kimmy 5 · 1⤊ 0⤋
Since the car was in your name and you evidently didn't have your step daughter listed on your insurance policy, yeah they can decline the claim and the other car owner can sue you for damages.
2007-12-19 05:49:18 · answer #9 · answered by ♥♥The Queen Has Spoken♥♥ 7 · 2⤊ 0⤋
even though you yourself weren't driving your car at the time, YOU are still the owner..and therefore assume full liability should anything happen to the car. I'm not sure about how much liability you can pass over to your step-daughter, but if nothing else..she should've AT LEAST been ticketed for following too closely.
2007-12-19 05:58:42 · answer #10 · answered by :-) 6 · 1⤊ 0⤋
Yes, the owner can be held liable as well as the driver, as you were the one who let the driver out on the streets with the vehicle.
2007-12-19 06:46:22 · answer #11 · answered by ssmesq 5 · 0⤊ 0⤋