Legal Question in Personal Injury in California
auto accident liability for registered owner of vehicle in california. son was driving vehicle and had an accident and we are being sued for over the insurance amount.
2 Answers from Attorneys
By law the liability of the registered owner is limited to $15,000 per person injured or $30,000 for everyone injured in the accident and $5,000 for property damage, unless it can be proved that your son was acting as your agent or employee. If he was running an errand for you, for example, that could show that he was your agent. The other way the liability of the owner can exceed the maximum statutory liability mentioned is for negligent entrustment, which means your son had a record of being a negligent driver and you knew it and still loaned him the car.
Ditto the answer of Mr. Carballo.
Even with that said, your insurance company is obligated to provide your defense in the litigation, but only obligated to pay up to those amounts he explained. If a judgment goes against you for more than those limits because of negligent entrustment or otherwise, your personal assets are at risk and could be collected against.
If your insurance fails or refuses to provide your defense, then you will have to hire your own attorney and hope to be able to seek reimbursement and recovery against the insurance company later for 'bad faith'.
If you need to hire your own counsel, feel free to contact me.