Can we be held financially responsible for our son and be sued regarding an accident in which there was a fatality and for which he was at fault?

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Can we be held financially responsible for our son and be sued regarding an accident in which there was a fatality and for which he was at fault?

He is 20 years old and was living at home at the time. He owned his own vehicle (that he bought and registered) but had liability insurance on our policy (that he paid us for). The accident report everything points to him being at fault.)Our insurance company says that the victim’s family is going to sue us.

Asked on January 13, 2014 under Personal Injury, New Mexico

Answers:

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

Answered 7 years ago | Contributor

Your insurance company is correct.  Since your son had liability insurance on your insurance policy, the victim's family could sue you if the case is not settled with your insurance company.

If they get a judgment against you, which you cannot afford to pay, at that time it would be advisable to consider filing bankruptcy.  Until there is a judgment against you, it would be premature to file bankruptcy since you don't know the amount of the judgment.


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