Legal Question in Personal Injury in Georgia
My niece is 33 years old and her brother is 18. My niece let her brother borrow her car for the prom. Her brother wrecked the car, but the accident was unavoidable and he was not given a ticket. The car was totaled. My niece's insurance company paid her $8,0000.00, which was the blue book value of the car at the time. My niece paid $11,000.00 for the car one year earlier. She is suing her brother for the difference of $3,0000.00. Can she do that?
3 Answers from Attorneys
She can sue for anything she wants to, but from your post she had an $8000 car and she was compensated in full for the value of the car. She also likely signed something from the insurance company that assigns the claim to them when she accepted payment. Most people would probably want to know the answers to these questions before suing a sibling (or anyone else, for that matter).
She likely will fail for the reasons Scott said and should have seen a lawyer first. If her suit is found to be frivolous she can be liable for costs or damages in some cases.
Well, anybody can sue anybody for anything. However, she has two things going against her. First, when she settled with the insurance company she probably signed a release, releasing everyone from any and all claims. Second, from what you said, the cop will probably testify that your brother was not at faul, since the accident was unavoidable. No fault=no liability.
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