Our adult son, who was the driver, was exiting a parking lot and was involved in a car/pedestrian accident. He is insured under our policy and was driving our car. No police citation was given, though police and ambulance were called. Dark street, poor lighting. Our company was asked if we have an umbrella policy, which we do not. Injuries to the victim were moderately severe, but victim is slowly recovering after 3-1/2 months. Our company is handling the claim, but victim's family has obtained an attorney, though we have not been contacted as yet. Our concern is that they might come after our home and retirement funds. I am retired and my husband is planning to retire this year. Is there any way we can protect ourselves? Our son has no assets.
1 Answer from Attorneys
Re: Need Advice
Yes you can protect yourself. You need to consult with an attorney as there are many issues that need to be reviewed. Basically the attorney will need to determine the amount of your insurance coverage and whether your son was anything more then a permissive user of the car. You should confer with your insurance company and if they will not give you answers then contact an attorney in your area. If your son is ONLY a permissive user of your car then as the registered owners you are only responsible for statutory owners liability of $15,000 per person injured and up to $30,000 per accident. There are exceptions to this general rule and that is why you should confer with an attorney. Hope this helps.