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Message
re: OT Lawyers - a question about liability
Posted on 10/18/24 at 7:53 am to theantiquetiger
Posted on 10/18/24 at 7:53 am to theantiquetiger
You’re in Louisiana, ever drive down the road and notice all the lawyer billboards? Ever notice what percentage of tv advertising are lawyer commercials?
If you’re so concerned, just put the cars in your kid’s name….and let them pay their own insurance. I’m sure you purchased their vehicles, let them be responsible.
My parents did that with me 40 years ago. They bought me a Supra, it was in my name, which I had a job and paid my own insurance.
If you’re so concerned, just put the cars in your kid’s name….and let them pay their own insurance. I’m sure you purchased their vehicles, let them be responsible.
My parents did that with me 40 years ago. They bought me a Supra, it was in my name, which I had a job and paid my own insurance.
This post was edited on 10/18/24 at 7:59 am
0
Posted on 10/18/24 at 7:54 am to slacker130
quote:
Umbrella policy FTW
This.
Posted on 10/18/24 at 7:56 am to theantiquetiger
quote:
I’m in Louisiana, but my kids are adults now, that’s my question, am I still on the hook since the cars are in my name.
Yes
Posted on 10/18/24 at 7:58 am to Squirrelly
If you have insurance, you are not paying out of pocket for your defense lawyer.
Posted on 10/18/24 at 7:58 am to SammyTiger
quote:
Once they’re legal adults your no longer liable for them unless you have a negligent entrustment issue. which is more than just giving your kids who’s been in 3 accidents a car.
This is wrong. If your name is on the tittle and/or you are a named insured on the policy, you can be sued because you have a financial stake in the vehicle that they were driving.
Posted on 10/18/24 at 8:05 am to theantiquetiger
Your insurance policy will triggered and your rates will go up. You could be found liable for negligently entrusting your vehicle to someone who should not be driving. You could be found liable for the negligence of your kids if they are working for you at the time of the accident or even if they usually drive for you, you have some risk. This is not legal advice and I am not your attorney. I’m not even an attorney.
Posted on 10/18/24 at 8:06 am to SammyTiger
quote:
Once they’re legal adults your no longer liable for them unless you have a negligent entrustment issue.
Nope, that car is in the parents name, they can sue them for sure….
It’s like co-signing a loan, just because you’re a legal adult, and default on a loan, guess who’s responsible for the bill?
Posted on 10/18/24 at 8:26 am to theantiquetiger
Aren’t 401ks shielded from seizure?
Posted on 10/18/24 at 8:27 am to BruslyTiger
quote:
Unless there was tort reform I don't know about, in Louisiana they can and most certainly will come after you if Gordon has anything to do with it.
No No No they can’t “come after you” because your adult kid effed up. And even if they did it gets thrown out of court… and it has nothing to do with tort reform…. That has been the Black Letter Law forever.
Just teach you kids to drive safe, not be distracted, don’t drive drunk and if they make a mistake and hurt someone be accountable and have adequate insurance. It isn’t hard to be a good person, y’know.
Posted on 10/18/24 at 8:37 am to theantiquetiger
Good question. I know I am liable for their damn parking tickets.
Posted on 10/18/24 at 8:42 am to Hangover Haven
Co-signing a loan isn’t a negligence liability thing.
It’s a contractual agreement to pay the loan off.
It’s a contractual agreement to pay the loan off.
Posted on 10/18/24 at 8:48 am to theantiquetiger
Need to add an umbrella policy to your current set up if you don’t already have one. When we got one with our home and auto bundled, the additional $1 million in coverage was maybe an additional $9 a month.
ETA: included in the umbrella policy also comes State Farm attorneys should we find ourselves in some sort of legal issue. They can and will come after your 401k and any assets in a worst case scenario.
ETA: included in the umbrella policy also comes State Farm attorneys should we find ourselves in some sort of legal issue. They can and will come after your 401k and any assets in a worst case scenario.
This post was edited on 10/18/24 at 8:59 am
Posted on 10/18/24 at 8:59 am to theantiquetiger
Insurance, assuming no coverage exclusion, would pay attorneys and liability up to the limits of the policy. You are generally not on the hook for the negligent acts of your kids in their operation of the vehicle. However, there are some exceptions. For example, you being the owner of the vehicle involved in an injury causing accident opens up the possibility/likelihood that you could be named as a defendant under a theory of negligent entrustment. Insurance likely will still cover defense and judgment/settlement up to the limits of the policy. Your tchokes are likely only to be at risk if the liability exceeds the insurance limits.
This post was edited on 10/18/24 at 9:01 am
Posted on 10/18/24 at 9:05 am to BigBinBR
Wrong.
Just plain out, fricking wrong.
Just plain out, fricking wrong.
Posted on 10/18/24 at 9:05 am to NaturalBeam
quote:
What does this even mean?
My apologies for confusing you...
If someone you hit sues you, they'll likely hire an attorney based on contingency. That means they wont have to put up a dime.
You on the other hand will have to hire an attorney to defend yourself and pay for it.
Posted on 10/18/24 at 9:11 am to parrothead
quote:this and an umbrella policy. Some companies require you to carry max car policy limits before they will write an umbrella.
I would advise to have them insured on their own insurance policy in their name source I am an insurance agent
Posted on 10/18/24 at 9:16 am to TheSadvocate
quote:Not. If. You. Have. Insurance.
You on the other hand will have to hire an attorney to defend yourself and pay for it.
Posted on 10/18/24 at 9:17 am to BigBinBR
quote:OP, please don't listen to this.
If your name is on the tittle and/or you are a named insured on the policy, you can be sued because you have a financial stake in the vehicle that they were driving.
Posted on 10/18/24 at 9:22 am to NaturalBeam
quote:
OP, please don't listen to this.
You don’t think that if you are a named insured on a policy then you can be sued? Well that’s a new one.
I literally see it every single day in my line of work.
Injury attorneys will also pull title records for vehicles and name all owners in their suits. They are looking for the deepest pockets.
If the policy has low limits they can and will file suit against the titled owners of the vehicle.
Edit: I work in accident reconstruction and literally see this situation every other week where the titled owner is a named defendant (whether or not they were driving the car or even on the policy).
This post was edited on 10/18/24 at 9:26 am
Posted on 10/18/24 at 9:30 am to BigBinBR
quote:You can be sued for anything, that isn't the relevant question. Tell me how the owner of a vehicle is negligent for permissively allowing another adult to drive their car.
You don’t think that if you are a named insured on a policy then you can be sued? Well that’s a new one.
Your insurance company will pay, of course, because they are contractually obligated to. Your permissive driver becomes a "named insured" under the terms of the policy.
But as the owner, what is the basis of your individual liability that could subject you to an excess judgment? There isn't any. (Absent a claim of negligent entrustment, which is uncommon and difficult to prove). Your comment said that someone is liable for negligence simply by owning a vehicle and you are wrong about that.
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