AboutEdward A. Smith Expertise California Personal Injury lawyer with 18 years of experience handling automobile accidents, dogbites, slip and fall cases as well as medical malpractice cases will answer your questions regarding these areas. Valuestar Certified. Author of "Top 20 PI sites on the Internet" for Law Office Computing Magazine.
Expert: Edward A. Smith Date: 5/14/2008 Subject: PEDESTRAIN HIT BY AUTOMOBILE
Question HELLO,MY FIANCE WAS DRIVING A FRIENDS CAR WHICH WAS ONLY COVERED BY
PUBLIC LIABILITY AND HE HIT A PEDESTRIAN. THE PEDESTRIAN SAID HE WAS
FINE, BUT MY FIANCE INSISTED THAT HE CALL THE POLICE SO HE COULD BE CHECKED
OUT. TURNS OUT AT THE TIME MY FIANCE'S DRIVERS LICENSE WAS SUSPENDED
AND HIS FRIENDS CAR WAS IMPOUNDED. THE PEDESTRIAN WAS FINE AND THEY ALL
WENT ON THERE MERRY WAY. IT HAS BEEN OVER A YEAR AND NOW HIS FRIEND
JUST RECEIVED A LETTER IN THE MAIL STATING THAT THE PEDESTRIAN IS GOING TO
SUE HER. SHE SAYS SHE IS GOING TO HAVE THEM SUE MY FIANCE INSTEAD, AND
IF THEY WONT DO THAT THAN SHE IS GOING TO SUE HIM HERSELF. MY QUESTION
IS CAN SHE OR THEY DO THAT AND SHOULDN'T HER INSURANCE COVER WHATEVER
THE PEDESTRIAN IS SUEING HER FOR? SHOULD ME AND MY FIANCE BE
WORRIED????
Answer If the pedestrian was injured, she will usually sue the owner of the car as well as the operator. If he was driving the car with the permission of the owner, your fiance should usually be covered as well as a permissive user.
The owners insurance will cover the loss for the owner. Your fiance needs to check with her insurance as to whether they will defend him as well. If not, he needs to hire his own defense attorney.
