Legal Question in Civil Litigation in California
Liability as Car Insurance Policy Holder
My mother is the holder of a car insurance policy. My sister had an accident while driving my mother's car. My sister has no insurance. The other parties were injured and are suing, naming both my sister and my mother in the suit. If the amount of any judgement goes over the limit of the policy, could they sue my mother personally even though she was not the driver?
1 Answer from Attorneys
Re: Liability as Car Insurance Policy Holder
Under the usual circumstances if the only basis for your mother's liability is that she was the owner of the car then the insurance policy will fully protect her. However there are exceptions based upon whether your sister was an agent or employee of your mother and whether your mother negligently entrusted the car to your sister. This latter doctrine would involve knowledge on the part of your mother that your sisiter was not fit to drive at the time she lent her the car. Your mother will be defended by her insurance company and the lawyers they assign can give her more information.
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