What is my liability if mother’s husband had me on his auto insurance and he had an accident?

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What is my liability if mother’s husband had me on his auto insurance and he had an accident?

The vehicle belonged to him.He had an accident where a little girl ran out in front of him and he hit her.It was on a busy street.It was not his fault at all. He passed away last year and I have his vehicle now because my mother can’t drive. The little girl or parents of are suing my insurance when they are at fault. Can they sue me as well?

Asked on April 19, 2013 under Accident Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Based on the facts that you describe-- they can only sue your mother's husband's estate or his insurance company for payment.  If you happen to share the same policy--then they can sue based on the policy-- but the liability is still directed toward your mother's husband.  They may try to sue you-- but you have a defense in that you were not the driver and you were not the party responsible for the control or use of the vehicle at the time.  Just because you have functionally inherited the vehicle, you did not inherit its liabilty too.


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