Who can be held liable for a car accident?

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Who can be held liable for a car accident?

My car was totaled in an accident along with another car. Due to the limits of the policy I’m only set to receive $2500 of a $5400 loss. Per the settlement agreement I have to sign a waiver that absolves the company, the owner and his/her/their heirs,executors, administrators, successors and assigns from and against all claims, demands. I was wondering, since the owner’s brother was the driver would he still be able to be sued if I were to sign this?

Asked on April 18, 2012 under Accident Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

For a definitive answer, have an attorney review the proposed settlement agreeement and the circumstances with you, to determine who is protected by the waiver. As a general matter, a settlement agreement and liabiltiy waiver is a contract like any other; it only contains those rights and restrictions specifically spelled out in it. If the driver was the car owner's brother and was at fault, you would seem to be able to sue him, since he does not belong to one of the categories of people protected by the waiver.


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