Expert: Anne - 5/27/2009

Question
Our son-in-law borrowed a car of ours and got into an accident with another car.We thought that they had insurance but only our daughter did at the time.The other party is now suing us. I am confused as to why they are going after us since he was driving the car in the first place.Don't get me wrong i do NOT want them to get sued,but they have little to no assets so at this point it would be better on them than us who at this point 30 years into a marriage and ready to retire are about to lose everything we have worked for!Why are we being penalized when we weren't even there? Second of all I am on disability and this home is basically a haven for me (due to it) to keep it from going out of control.I guess i could do a counter suit if need be.We live in WA. state do you know what the laws would be about being sued if you weren't the driver?Thanks for your help

Answer
Hello Carrie,

I am sorry to hear your situation.

You have to be negligent in order to be liable. Please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Unless you had some liability, you cannot be hold responsible for damages. So, What did you do wrong? The driver has a duty to ensure that the car is fully insured before he gets in it. If there is no insurance, then it is the drivers responsibility.

You can still be liable if for example you lend him the car knowing that he is intoxicated or under the influence of illegal substances. In other words, you must have done something negligent.

For more information please see:

http://www.auto-insurance-claim-advice.com/

Good Luck
Anne
http://www.quirogalawoffice.com/