My daughter was at fault in a car accident. She was driving my car under my car insurance. The other driver who did not have insurance has hired an attorney and claims injury. Will I be responsible to pay his bills after the insurance pays the max amt

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My daughter was at fault in a car accident. She was driving my car under my car insurance. The other driver who did not have insurance has hired an attorney and claims injury. Will I be responsible to pay his bills after the insurance pays the max amt

My insurance amount was 25,000.00 max for
bodily injury

Asked on January 23, 2017 under Accident Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The owner of a car is liable, or responsible, for the injuries or damage caused by someone whom he or she lets drive his or her car, if that person was at fault (e.g. driving negligently, or carelessly) in causing an accident. So if, as you write, your daughter was at fault, then if the other driver or their insurer sues you (the insurer can sue to be reimbursed for what it pays out; this is called "subrogation"), you could be liable to pay any/all amounts over your policy limits. You would not have to pay if not sued. If you are sued and have to pay something, since your daughter caused the accident (she was the at-fault driver), you could legally sue her to recover from her any amounts you have to pay out.


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