What is an owner's liability for car accident that occurs when someone else is using their car?
Question Details:
Our granddaughter was using our car. Coming home from work she hit and killed a pedestrian. The man was walking in the road, it was raining, very dark (no street lights) and he was in all black. She did not see the man. This was deemed a total accident and my granddaughter did not get any tickets. My question is can I be personallybe sued by the deceased's estate, over and above what the insurance company settles for?
Auto Accidents Law Answers
Yes, unfortunately you can be sued for amounts over what your insurance will pay. Your granddaughter was using your car with your permission; when people use a car with your permission, you are liable for their acts with the car as the car's owner. Your granddaughter, as the driver, can be sued, too--at plaintiff's option, either or both of you could be sued.
Note that if your granddaughter was not negligent (i.e. she was not unreasonable careless), then there would be liability. There must be some fault for there to liability. So if she truly did everything right, drove carefully, etc. while the other party may try to sue, you should be able to defend yourself.
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