Attorney Question??? | TigerDroppings.com

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Outdoor Chef
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Zachary
Member since Sep 2011
481 posts

Attorney Question???


Thanks for the help


This post was edited on 1/18 at 3:58 pm



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rmc
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Zachary, LA
Member since Sep 2004
22529 posts
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re: Attorney Question???


quote:

If the medical injuries exceed my coverage, where do we go from there? He has no vehicle insurance.


Does he have health insurance? Sounds like his injuries must be pretty severe if you are asking this question.

ETA: W/o knowing more, I'd think you don't go any further. There is no other insurer who would be liable. Emergency medicaid maybe? I'm not familiar with it but I've heard the name before.



This post was edited on 1/17 at 5:52 pm


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Outdoor Chef
LSU Fan
Zachary
Member since Sep 2011
481 posts

re: Attorney Question???


Thanks for the help


This post was edited on 1/18 at 3:58 pm


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Insomniac
Member since Jan 2013
6 posts

re: Attorney Question???


Unless your nephew was working (and "on the clock") for you at the time of the accident, you will not be sued nor will his mother, since he is 18. Your car insurance company and the nephew are the proper party defendants in this situation (and any UM carriers that may exist for the plaintiffs, but that's not relevant to your concern).

18 years of age is the important number as to whether parents can get sued for acts of their children, not 21.

Signed, a personal injury lawyer.






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Outdoor Chef
LSU Fan
Zachary
Member since Sep 2011
481 posts

re: Attorney Question???


quote:

Signed, a personal injury lawyer.
Thank you for taking the time to reply. I am thankful that myself and his mother are in the clear, and pray that it doesnt come to him being in that spot.






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NaturalBeam
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Member since Sep 2007
13067 posts

re: Attorney Question???


That's not correct - you can absolutely be named as a defendant assuming that you allowed your nephew to drive your car and he didn't just take it w/o your knowledge. How much coverage do you have?





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Dr. 3
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Member since Mar 2005
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re: Attorney Question???


If I look at the crash report and see you as owner of the car, Im naming you in the suit.





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rmc
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Zachary, LA
Member since Sep 2004
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re: Attorney Question???


Not sure of the exact wording or statute, but I've always thought the owner of a thing, who has custody of it, is liable for damages it causes. You may have some claim against your nephew if you end up being liable.





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prplhze2000
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Parts Unknown
Member since Jan 2007
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re: Attorney Question???


negligent entrustment.





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Dr. 3
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Member since Mar 2005
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re: Attorney Question???


Put plainly, he allowed his nephew to drive a vehicle he owns. Nephew is at fault in a MVA. Uncle OP is on the hook IMV.





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Insomniac
Member since Jan 2013
6 posts

re: Attorney Question???


NEGLIGENT entrustment? Given the provided facts, how was the uncle negligent in loaning the vehicle to his adult nephew? Negligence isn't assumed in this case, it must be proven.

The fact that he simply loaned the vehicle to his adult nephew isn't negligent entrustment.

Lawyers can make up causes of action against anyone if they choose to. The question is whether their frivolous accusations will survive a MSJ (Motion For Summary Judgment).

Given the simple facts provided by uncle, I believe he is fine. Again, that is simply my opinion. If intoxication, or a pattern of reckless driving on the part of the nephew were included in the facts, my opinion may not be the same.

Dr. 3 - are you an attorney (not being rude, just curious)? If you are, under what theory do you believe uncle is automatically 'on the hook' if he simply owned the vehicle involved in a crash, while being driven by an adult and sober (I assume) adult nephew, aside from the negligent entrustment claim addressed above.

****OP - I wouldn't add additional facts to your original post, in the event someone reading this ends up representing one of the injured people in this accident. I feel certain that any experienced attorney (either plaintiff or insurance defense) will provide you the same information and opinion I provide.****






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NaturalBeam
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Member since Sep 2007
13067 posts

re: Attorney Question???


He's still getting named in the suit if I'm filing it (this is pretty standard practice) - so your advice that he won't a proper defendant is inaccurate.





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rmc
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Zachary, LA
Member since Sep 2004
22529 posts
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re: Attorney Question???


quote:

He's still getting named in the suit if I'm filing it (this is pretty standard practice) - so your advice that he won't a proper defendant is inaccurate.


I agree with this. I'd name him also. I would make sure to temper my client's expectations as to recovery from the owner. I think a small amount of research on the matter could clear up the likelihood of anything sticker to the owner of the vehicle.






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OTIS2
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NoLA
Member since Jul 2008
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re: Attorney Question???


quote:

He's still getting named in the suit if I'm filing it (this is pretty standard practice) - so your advice that he won't a proper defendant is inaccurate.





I wouldn't do that, if I were you, without a proper factual foundation.






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OTIS2
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NoLA
Member since Jul 2008
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re: Attorney Question???


quote:

Put plainly, he allowed his nephew to drive a vehicle he owns. Nephew is at fault in a MVA. Uncle OP is on the hook IMV.
But the law doesn't see it this way...






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Dr. 3
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Member since Mar 2005
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re: Attorney Question???


Im not looking at it as this guy is going to get an excess judgment against him. We all know those circumstances are slim. If Im naming the policy the car was under, Im naming the owner of the vehicle. Plain as that. Go file a MSJ and get him out if its a slam dunk.

Im not risking anything when Im naming parties to a lawsuit



This post was edited on 1/18 at 11:20 am


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OTIS2
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NoLA
Member since Jul 2008
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re: Attorney Question???


I do about 1 pecent defense work...but if I did more, and your client filed that claim against my owner, I'd be most pleased to file that MSJ, get my dismissal with an award of court cost(which we both know would exceed $1000.00 in most parishes), and I'd collect from your client's ultimate recovery. Since I do 99 percent PI work, and I don't wish to explain to a disgruntled client why he owes those costs (and I don't care to eat the expense myself), I don't sue owners without factual support. I can always add one if discovery generates the basis for amendment.


This post was edited on 1/18 at 12:17 pm


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rmc
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Zachary, LA
Member since Sep 2004
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re: Attorney Question???


quote:

I wouldn't do that, if I were you, without a proper factual foundation.


You shouldn't try to sue anyone without a "proper factual foundation." That goes without saying. If you get into discovery and its evident that there is no cause of action against the owner then you drop it. Are you suggesting someone is going to get sanctioned over suing the owner in the facts given?






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OTIS2
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NoLA
Member since Jul 2008
26200 posts

re: Attorney Question???


I can't state a cause of action against an owner without alleging facts that support liability. We know just stating that "Defendant X,as the owner of the subject vehicle, is obligated to Paintiffs" is not worth the ink used to print the sentence. I add owners when I can support the claim, and only when I can support the claim,whether at filing or later by amendment.


This post was edited on 1/18 at 12:10 pm


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Outdoor Chef
LSU Fan
Zachary
Member since Sep 2011
481 posts

re: Attorney Question???


Thank you to all that helped out and commented. I went ahead and deleted the OP, so that my info isnt out there too much.
Thanks again.






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