Can I be Sued if my brother has a car accident in my car?

Question

Yesterday Morning my brother had horriblele car accident resulting in the death of the other drive and the totaling of both cars. He walked awa totally unharmed, Thank GOD! But now I am am scared. Can he go to jail? Who is financially responsible if the decede person's family wants to sue.

Answer 1

"He walked awa totally unharmed, Thank GOD!"

It's good that he is okay, but it is incredibly sad that the other driver has died. If it was your brother's fault, yes, he could possibly go to jail, depending on why he crashed into the car(DUI?).

I'm guessing that because it was your car, you might, and I'm not completely sure, get into trouble. You will definitely have expenses to pay.

Your brother was the driver, so I'm thinking he will be sued.

How old was the driver who died? :(

Answer 2

yes you can i see it on on judge judy all the time and they have it you can

Answer 3

Your brother can be sued as the operator of your vehicle and you can be sued as the owner.  If a law suit is filed by the deceased family - they will sue you and your brother.

Even if the police put the other guy completely at fault--- the deceased family can still sue.

If they file a law suit -- it will be against you and your brother. It will not name the insurance company.

The suit papers will be served on you and your brother. Usually they come by certified mail but can also come by process server.  If they try to serve you --- don't dodge it think that it will keep the suit from happening.  If they can't get you by traditional methods-- they will just serve you by publication. Then you will get served and probably never know it (not a defense by the way).

So- if you get papers-- go ahead and sign for them - then call your claims adjuster immediately.  

The insurance company will hire an attorney to represent you and your brother -per the terms of your policy.

However - you (and your brother) have a duty under that policy to cooperate in the investigation of the claim and defense of the suit (if filed).

When you get served a law suit-- there is a time limit (usually 30 days) to get an answer on file. If you don't meet that time line -- it's an automatic "you lose". Does not matter how good a case you had.  A default judgment can be entered in against you.

The clock starts running when you get served.  That's why it is so important you call your adjuster right away and tell them you got suit papers.

Your adjuster will need to know when you got served (date/time) and how (process server or certified mail). They will need you to get those papers to them fast - you can email or fax to start the process and mail the originals.

Your insurance company will then contact a competent attorney to defend you.

The faster you get those papers to your insurance company - the faster they get them to an attorney and the more time he/she has to put together and file the answer.

Usually if it looks like a claim will head to a law suit-- the adjuster will call you or send you a letter to give you a heads up. But sometimes we deal with a plaintiff lawyer who is a snake in the grass and files suit with out letting us know he's going to do it.

If you have questions or concerns-- give your adjuster a call. This is a very serious claim -- there is no such thing as a dumb question.  

Answer 4

too many factors...

Obviously if he was impaired and if it was his fault - you and he are both in for a world of hurt.

If not... then you're pretty much in the clear.

  

Answer 5

He is responsible for the accident.  You have nothing to do with it.

Answer 6

If your brother was not "at fault for the accident" although the other driver's relatives could sue they will not be able to get anything.  If your brother was at fault then  insurance follows the car. Your insurance company would be the one to handle a law suit.  Your brother could, also, be sued.  He needs to contact his insurance  company and advise them of the accident. If your policy is not big enough to cover a judgment, then your brother's insurance would, also, pay. up to your brother's insurance limits.  As for going to jail, unless it was a case of him being drunk or road rage I do not believe you will have to worry about your brother going to jail After all, it was an accident.  It was not done purposely  

Answer 7

The police will determine who was at fault, if the weather was an issue, then your insurance company will investigate everything too. can you give more information? Was he violating any street laws? like speeding, or running red lights, did he have your permission to drive your car, was he wearing a seatbelt?  If it turns out that it was just an accident your insurance should cover the whole thing except the deductalbe.  I am sorry that this happened, it must be very upsetting and scary.

Answer 8

well you could get sued just cause it's your car but i really don't think your brother would sue you but i wouldn't worry about it.

Answer 9

u cannot sue him if u gave him permission. unless he used it irresponsibly (like drinking or drug).  but dats y u hv an insurance right!

Answer 10

If one loans a car or a gun or a dangerous tool to someone clearly not competent to safely use the item and that person causes and injury to a third party, that party may sue you for "dangerous entrustment" and hold you liable for any damages caused as a result of your action.

Answer 11

Your INSURANCE is supposed to cover that.  But then again the US is one of the most ****** up places on earth so who knows.  The law is on the side of whomever has the most money.  I say move to Canada.  We have laws to protect people from greedy sue happy jackasses.