Q: Is my family's car insurance responsible for my accident, NY?
I was in a car accident in New York almost three years ago and was at fault. The other party is now suing me, but fortunately, my insurance company has provided an attorney to defend me. Although I live with my son-in-law and daughter, who own the house and have their own car insurance, I am listed on their insurance as a driver. However, their vehicles were not involved in the accident, and I haven’t communicated with their insurance company. Is their insurance in any way responsible for paying any part of my accident? I hope not.
A: It sounds like your affairs were totally separate three years ago, and that you had you had your own separate insurance. Under those facts, that should limit any possible theories of recovery against you. With your arrangements now, it's difficult to say. Your assigned insurance attorney is likely to advise you with a standard form letter from their insurance company, whether they're inhouse or assigned counsel, to consult with your own attorney who could review everything in more meaningful detail. I realize you are seeking a quick direct answer, but it can sometimes be difficult to predict what could happen in considering every possible factor. Some plaintiff attorneys don't pursue beyond insurance payments, while others can be more aggressive or resourceful, and those scenarios could sometimes be difficult to predict. An attorney consult could be more thorough here. Good luck
A: Your daughter's insurance company will not likely be responsible for the incident. Generally speaking, in New York, insurance follows the car, not the driver. Moreover, it appears your own insurance company has taken the lead in defending you in the lawsuit and would be first up for satisfying any judgment entered against you.
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