Who is liable my son or his boss

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Who is liable my son or his boss

My son was involved in an accident and he was rear-ended and he re rendered someone else. There were no tickets issued. Come to find out his boss did not have insurance on the van that he was driving. My son did know. Now the person that he hit is coming back to him for the $7500. The insurance policy that he is on, which is mine does not have that coverage.

Asked on October 2, 2018 under Accident Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The at-fault driver is liable; liability is based on fault, or driving carelessly or negligently. If your son can show that he was rear-ended into the vehicle ahead of him, so that it was not his fault that he hit it, he should nt be liable. If sued, he should also in turn sue the person who hit him--he can file a cross claim and bring him into the lawsuit--to hold that person, the first one who rear-ended and started the chain reaction, responsible for all the resulting damages and costs.


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