San Pedro, CA asked in Car Accidents for California

Q: I am at fault for rear ending a car. I do not have money. I am on my moms policy. Can they go after my mothers money?

My insurance said they may be suing for more than the insurance policy covers. Possibly five figures.

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2 Lawyer Answers
James L. Arrasmith
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A: Based on the situation described, here's a concise overview of the potential liability:

1. Primary liability: As the at-fault driver, you are primarily responsible for damages.

2. Insurance coverage: Your mother's insurance policy will cover damages up to the policy limits.

3. Excess liability: If damages exceed the policy limits, the other party may seek additional compensation.

4. Parental liability: In California, parents are generally not liable for their adult children's actions. However, there are exceptions:

- If you're a minor

- If your mother knowingly allowed an unsafe driver to use her car

5. Vehicle ownership: If your mother owns the car, she could potentially face liability under California's permissive use laws.

To better assess the situation, it would be helpful to know:

- Your age

- Who owns the vehicle

- The specifics of the insurance policy

Given the potential for significant financial consequences, I strongly recommend consulting with a local attorney specializing in auto accidents and insurance law. They can provide personalized advice based on the specific details of your case.

Francisco Javier Morales agrees with this answer

A: They probably advise your mom she has the right to consult with her own attorney - they often do that. It could be worthwhile for your mom to discuss the situation with an attorney - based on what property and assets she owns. Unfortunately, it could be difficult to get a clear answer in these settings because what they're suing for is one thing... what they stand to get depends on the court venue, the jurors, the credibility of the medical evidence and other factors. It's difficult to predict that. But an attorney could help your mom assess the situation and make well-informed decisions. Good luck

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