Memphis, TN asked in Personal Injury and Wrongful Death for Tennessee

Q: If a car was borrowed to commit a First degree murder, can I sue the owner of the vehicle and or their car insurance

My son was murdered while pumping gas on the phone with me. The murderer shot my son in the neck from behind, then proceeded to shoot him 4 more times. Then get back in the car and left the scene in a car that she borrowed to do this

1 Lawyer Answer
Anthony M. Avery
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  • Knoxville, TN
  • Licensed in Tennessee

A: That would probably be a good Tort cause of action Wrongful Death (civil conspiracy). But the auto insurance may be the only recoverable monies. or the Policy may exclude criminal liability. Do not go beyond a year from the incident until you sue. There does not have to be a criminal conviction for you to win in civil court, but it helps. Default Judgments could be a possibility. Without liability of the principal tortfeasor, her co-defendants will win.

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