Prevent/ deter law suit

Daughter was at fault in accident, driving her father’s truck. No license. No insurance. She is a 22 year old single mom of 3 on welfare. How to proceed? Have questions.

Asked on December 20, 2017 under Accident Law, California

Answers:

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

Answered 3 years ago | Contributor

The father is liable for the accident because he is the registered owner of the truck.  If the father had insurance, the insurance company will deny the claim because the daughter was an unauthorized driver.  The father and daughter will be sued for negligence and will be liable for the property damage (cost of repairs) to the vehicle not at fault in the accident.  Father and daughter will also be liable for the personal injury claims of the occupants of the vehicle not at fault.  The personal injury claims will include compensation for the medical bills, compensation for pain and suffering which is an amount in addition to the medical bills, and compensation for wage loss.
When there is a court judgment against your husband, you and he should file bankruptcy if it is an amount you can't afford to pay.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.  Your daughter should also file Chapter 7 bankruptcy at that time.


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