Can my mother be heldlegally responsible for my brother’s car accident if he is under her insurance?

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Can my mother be heldlegally responsible for my brother’s car accident if he is under her insurance?

My brother rear-ended someone. The guy talked to my mother’s insurer and said he was OK; there were no injuries. A while later his mother calls the insurance and claimed he was injured in the accident. My brother is the owner of the car but he is under my mothers insurance. A lawyer has contacted my mother in which he is representing the other family. She is no longer with the same insurance company. Can she be sued and possibly lose her house even though it was my brother’s fault? And is she responsible for it?

Asked on November 28, 2010 under Accident Law, California

Answers:

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

Answered 11 years ago | Contributor

Ok.  Let's not put the cart before the horse here and take things one step at a time.  Your brother is insured under your Mother's policy.  Did you alert the insurance carrier of the accident and the potential claim?  Do so immediately if you didnot.  You do not want them to disclaim coverage for late notice.  Also,  DO NOT speak with any attorney on the matter unless it is one that has been assigned you through your insurance coverage (you are entitled to an attorney under your coverage should you be sued).  Many times the coverage carried is enough to cover the claimed injuries so do not worry about losing the house.  Once all the information as to the injuries, etc., is in, ask your insurance claims rep or your personal attorney about settlement value and verdict value should the alleged damages be proven and then you will have a better idea about things.  But do not panic for now.  Good luck.


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