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Question: Auto Accidents - Georgia

Asked on 11/2/2009

My 17-year-old daughter was involved in a fatal accident with a motorcycle rider.

My daughter was not injured; the motorcyclist was killed.  She was not ticketed; he was wearing a skull cap which is not DOT approved, and died from ahead injury (his helmet came off at impact). My daughter was not charged but she did not see the rider and started to pull out. He hit the driver fender and went over the hood. We are being sued. I have GA insurance, but we like many others, are struggling financially, so my coverage is only good for 50,000. The rider was 50, had 5 kids, and was a resident of TN. His wife's lawyer sent papers to me, my wife and myself. My daughter was driving my wife's car, which is registered in her name. The attorney is claiming my the car, is a family car.


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Answers (1):

M.S., Member in Good Standing of Connecticut Bar


Regardless of the extent of your coverage, part of your policy should include that your insurance company will provide an attorney to defend this matter.  Therefore, you need to notify your insurance company that you are being sued -- as soon as possible.  Once they are on notice, they will provide you with an attorney that will be able to answer these and other questions.  Based upon the facts that you have provided, it is possible that your (and your daughter's) potential liability may be small, especially if contributory negligence can be established.  In any event, it is clear that you need to discuss this with the attorney that your insurance company provides for you.  Good luck.



  • Answered on 11/3/2009
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