Legal Question in Personal Injury in California

Auto owner liability

My daughter got in a car accident with my car. She had other passengers. I was not with her. She was 18 years old at the time. It was her fault. It's been a year and now we are both being sued (I'm the registered owner but was not involved). What can they get from me other than the insurance liability limit?


Asked on 7/15/02, 5:18 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Auto owner liability

Potentially a judgment collectable against all your assets up to the 15/30 limit under CA law. You might consider hiring your own counsel to deal with the insurance company lawyers.

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Answered on 7/16/02, 5:22 pm
Jeffrey D. Olster Russakow, Ryan & Johnson

Re: Auto owner liability

Anyone who is injured by the negligence of another is entitled to full compensation for his/her injuries, regardless of the negligent party's insurance policy limits. Your insurance company, however, has a duty to try to settle the lawsuit if there is a risk that you could be held liable for an amount higher than your policy limit. Thus, your daughter's potential exposure is theoretically unlimited (and is dependent primarily upon the damages suffered by the injured parties).

Your liability as the owner of the vehicle is limited to $15,000 per person/$30,000 per accident. (CA Vehicle Code section 17151.) However, these damage limitations may not apply if there is a direct theory of negligence against you (for example, negligent entrustment of a vehicle to a driver that you know to be careless or reckless).

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Answered on 7/16/02, 8:46 pm


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