Legal Question in Insurance Law in New York

I asked the question.....

I was involved in car accident 8 months ago. I was convicted of DUI. Now the other car involved is sueing me. Will the insurance company of the vehicle, which was my employers commercial vehicle, take care of this? They are also including me in the lawsuit. Will they go after my parents home owners insurance if I am 25 but I still live at home?

The answer I recieved was....

if being intoxicated isn't excluded in the companys insurance policy then they should cover you. My parents would not be resposible.

I should have also clarrified that they are suing the actual company I work for and me. Does your answer still stay the same? Also, another question I have is if the my employers insurance company doesn't take responsibility and they can't sue my parents, who have money, whats left to sue but me with basically no assets?


Asked on 8/05/09, 2:01 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

I did not answer this originally, but generally intoxication falls under an auto policy exclusion. If the ionsurance company disclaims coverage, there will be no insurance, although they will probably still defend the company.as there is a separate duty to defend under an insurance policy.

You will probably not have coverage because of the DWI, and while the insurance company

may also defend your interests, you will need to know whether they disclaim coverage for the company.

Ownership of a vehicle makes one liable for the torts of any permissive driver, so the company will be responsible for the injuries regardless of insurance coverage.If the insurance covers the loss you don't have too much to be concerned about: however, if it does not, and they obtain a judgment, it will be enforcable against your assets.

Read more
Answered on 8/11/09, 9:46 am


Related Questions & Answers

More Insurance Law questions and answers in New York