Can they sue my boyfriend?

UPDATED: Sep 30, 2022

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Can they sue my boyfriend?

I was driving his car and got into an accident. Now we are both being sued. I
have no assets, but he does. Can they take his belongings even if he was not
present during the accident?

Asked on August 2, 2017 under Accident Law, Michigan


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

Answered 5 years ago | Contributor

Your boyfriend is liable because he is the registered owner of the car even though he wasn't present at the scene of the accident.
He should contact his insurance company.  If you were not on the insurance policy, his insurance will deny the claim because the insurance company will consider you to be an unauthorized driver.
if you are on his insurance policy, his insurance company will provide an attorney at no cost to defend him.
If you are not on the insurance policy, and his insurance denies the claim, it would be advisable for him to file bankruptcy if the lawsuit results in a judgment against him in an amount he can't afford to pay.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt. His belongings can be protected by exemptions in various amounts that are listed on the bankruptcy forms.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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