Q: I caused a rear end accident in florida in my pick up truck, trailer attached not owned by me. will he get sued as well?
my insurance lapsed. trailer did not hit other car just my truck hit her. So i wanted to know if his insurance would be liable. the trailer owner.
A: The trailer owner is not automatically liable merely because his trailer was attached. There would need to be some improper use or improper maintenance of the trailer that contributed to the accident. However, the lack of liability doesn't necessarily mean he won't be sued. Sometimes the tactic, "sue first, ask questions later" is used. If he is sued, and he has liability insurance, he (but not you) would get free representation, and if it's clear he has no liability, the insurance company will not be willing to settle with the plaintiff (or at most might offer peanuts). You need proper representation if you are sued, as you are at risk of a money judgment being entered against you, which, if not paid, might result in suspension of your driver's license.
Terrence H Thorgaard and Tim Akpinar agree with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
