Q: My 19 year old son had an accident while driving one of my cars.
After the accident in a mall parking lot while waiting for the police to arrive they exchanged insurance information. She made a comment that she had to sue the insurance company in her last accident to get paid. My son was concerned about this comment and shortly after the police arrived she complained of pain and went to the hospital. I have very good insurance and they paid for our car immediately. They told me not to worry about the rest. Today I received a letter from an attorney stating that I was the driver (again, I was not the driver, my adult son was) and that I may be liable for damages for negligence and to send them some requested personal information. I called my insurance and they again said not to worry, just forward them a copy of the letter. My question is: Should I contact an attorney? Am I liable for my adult sons accident since he is in college and I owned the car? If they don't settle with USAA can I be sued and will they win?
A:
Under Florida law the driver and the owner are both liable for an accident caused.
Your insurance company will handle the case and will defend the case on your behalf. Depending upon the amount of your coverage you may have some personal liability. Your liability if any will be only after your insurance company has paid your policy limits. Normally if the case settles for less than your policy limits then the settlement will release you from further liability.
Hope this helps.
A: No, you don't need to hire an attorney. If need be, your insurance company will hire one for you. Make sure they send you something acknowledging that they have received the copy of the letter you sent them.
A:
Your company will ask for a relese of claims in exchange for money. You should be covered.
Do not talk to the people who sent you the letter. Direct them if they call to your company.
Save the money you'd spend on an attorney on increasing your coverage or getting an excess or umbrella coverage. Homeowners usually has an exclusion for car wrecks (also from flying and boating/jetski accidents).
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