Essex, MD asked in Car Accidents and Personal Injury for Maryland

Q: How do i defend my self against a claim of negligence as owner of vehicle?

my ex girlfriend was in a car accident and the insurance company sued me and her. They claim she was acting as agent, servant and or employee of me in the complaint. which she was not. The claim against her was dismissed as she was never served and I had a default judgment vacated as I proved I was never served. So how would I defend this as the little research I have done has showed that it is up to me to prove that she was not acting as my agent servant or employee and not the plaintiff

2 Lawyer Answers

A: Maryland law creates a presumption that if someone who is not the owner of the vehicle operated that vehicle, they are doing so as the agent of the owner. This is perhaps the easiest presumption to dispell under the law. All that is usually required is your testimony. If your vehicle is insured you need to be sure that they are aware of pendency of the lawsuit.

1 user found this answer helpful

A: I assume the vehicle your girlfriend was driving was titled in your name, and that it was not covered by insurance, and neither was your girlfriend covered by any other automobile policy on any other vehicle. If this is not correct, then the insurance company must immediately be notified and they will provide a lawyer to defend the insured (you or your GF). Absent insurance, it appears that the injured other driver made an uninsured motorist claim under their policy, so now their insurer is suing you and your GF to recover what they paid out on the claim. Should they secure a judgment against you, your license may be suspended until the judgment is satisfied, so you must avoid that happening, either by winning the case or working out a payment plan. The only way you would be liable is if your GF was driving your car for your benefit, such as running an errand for you, or if you were in the passenger seat directing her where to go. There are other scenarios but you need a lawyer to advise you on how to answer questions and prepare your defense so that you do not get trapped into admitting something that makes you liable. Merely allowing your GF to borrow your car for her own benefit (even if uninsured) is not enough.

1 user found this answer helpful

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