i was driving my brothers car and got into an accident and we’re both on the ins policy. the insurance company decided we were both at fault 50% the

other party is suing me and he is going after my brother. can he do that?

Asked on July 1, 2009 under Accident Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The attorney for the other party does not know what the circumstances are in your household and why you were driving the car or even if you had permission.  In order to protect his client he has sued you as the driver and your brother as the owner.  Yes, he can do that.  Although I am not admitted in California,  I am pretty sure that in your insurance policy there is a clause that requires that the company hire a lawyer on your behalf to defend you.  Make sure that you have given your insurance company the proper notice they require under the law and that you cooperate fully with your carrier and lawyers.  Good luck.


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