Hit a pedestrian

My child drive the car from west to east in morning around 8am,she was slowdown to turn left at intersection, speed is 5. Due to sun dazzling, she didn’t see the pedestrian.The pedestrian was slipped down and then she sit up by herself, it is no rollover. What should I expect?

Asked on September 30, 2017 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As the registered owner of the vehicle, you are liable for the pedestrian's medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.
If your daughter is not on your auto insurance policy, your insurance carrier will deem her to be an unauthorized driver and will deny the injured pedestrian's claim.  If that happens, you will be personally liable and will have to pay compensation to the pedestrian.
If you can't afford to do that, it would be advisable to file bankruptcy when there is a court judgment against you.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.  It is premature to file bankruptcy until there is a court judgment against you because you will need to know the amount of that judgment when filing bankruptcy.
If your daughter is an authorized driver on your insurance policy, your auto insurance will handle the matter, and if the case is settled with the injured party that will end the matter without a lawsuit being filed.
If the case is NOT settled with your auto insurance carrier, a lawsuit will be filed and your auto insurance carrier will provide you with an attorney at no cost to you.
DON'T WORRY about it because if there is a lawsuit, it might not be filed for two years since CA has a two year statute of limitations for filing a lawsuit in a personal injury case.


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