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re: OT Lawyers - a question about liability

Posted on 10/18/24 at 9:31 am to
Posted by NaturalBeam
Member since Sep 2007
14777 posts
Posted on 10/18/24 at 9:31 am to
quote:

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).
Of course. But that's to get to their policies of insurance, not for excess claims against the vehicle owners.
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
9212 posts
Posted on 10/18/24 at 9:32 am to
quote:

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.


Correct. And if they have low limits that do not cover the entirety of the claim then the owners of the vehicle can be held legally liable for the damage that their vehicle caused.
Posted by diat150
Louisiana
Member since Jun 2005
47171 posts
Posted on 10/18/24 at 9:42 am to
quote:

How bad was said wreck?


not bad at all but he got a scumbag lawyer and the wreck ruined his life, his sex life, his marriage, etc. I think they were going 15 mph.

If they could have sued me they would have no doubt.
This post was edited on 10/18/24 at 9:44 am
Posted by diat150
Louisiana
Member since Jun 2005
47171 posts
Posted on 10/18/24 at 9:45 am to
quote:

Correct. And if they have low limits that do not cover the entirety of the claim then the owners of the vehicle can be held legally liable for the damage that their vehicle caused.


I dont believe this is true because the vehicle didnt cause the damage the driver did.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86401 posts
Posted on 10/18/24 at 9:46 am to
quote:

Both of my kids are over 18. They both have cars, but the cars and insurances are in my name. Could I be sued for an accident they get into?
Not successfully.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86401 posts
Posted on 10/18/24 at 9:47 am to
quote:

And if they have low limits that do not cover the entirety of the claim then the owners of the vehicle can be held legally liable for the damage that their vehicle caused.
No
Posted by Motorboat
At the camp
Member since Oct 2007
23904 posts
Posted on 10/18/24 at 10:02 am to
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.


No. /thread
Posted by WDE24
Member since Oct 2010
54836 posts
Posted on 10/18/24 at 10:06 am to
quote:

And if they have low limits that do not cover the entirety of the claim then the owners of the vehicle can be held legally liable for the damage that their vehicle caused.
Only under a theory where the owner was independently at fault (negligent entrusting, negligent maintenance, etc) or the driver was acting in the course and scope of some employment or similar of the owner.

The owner isn’t automatically liable just because they are the owner.
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