Legal Question in Personal Injury in California

I had a lapse in my auto insurance and had an accident. I paid a settlement to the other driver outside of insurance and had him sign a release from any future claims. He then sold the car to his father for $1,000..his father thinks he can fix it cheaply. His father also is on the title of the car....could he sue me in the future for any reason? He refuses to sign a release form because he says he wasn't involved in the accident. I'm wondering what my options are. Thanks!

Asked on 1/15/10, 7:56 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

I don't see how father could successfully sue you, since I presume he was not involved in the accident and since he wasn't a party to your agreement with the son. The son may still be able to sue you, however, if the release you had him sign did not contain some key language that a lawyer would have included.

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Answered on 1/20/10, 8:57 pm
Steven Kuhn Steven Kuhn

It all depends on the language you put in the release. If there is a clause that the son will indemnify you from any claims brought against you by other persons, you are safe for sure. It also can be argued that the son, as one of the title holders on the car, acted on behalf of all owners of the car. You are probably OK.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change

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Answered on 1/21/10, 8:28 am

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