Legal Question in Personal Injury in New York

personal injury lawsuit

My wife has 2 cars registered in her name. Her son who does not live with us, age 24, is the only driver of one of the cars. If he caused a serious accident, could my wife be held responsible in a lawsuit? Could our house, in both our names, be jepardised if the insurance doesn't cover the lawsuit amount?


Asked on 3/17/09, 1:18 pm

5 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: personal injury lawsuit

yes, the owner is responsible for the negligence of the driver.

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Answered on 3/17/09, 1:22 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: personal injury lawsuit

The answer is yes. Under New York's owner consent statute. However, usually these matters are settled within policy limits. I would only worry if you have low policy limits and substantial assets to protect.

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Answered on 3/17/09, 1:26 pm

Re: personal injury lawsuit

As registered owner of the vehicle involved in the accident, your wife would almost certainly be named as a defendant in a lawsuit. Your concern regarding a forced sale of a home in which she has a joint interest is more a matter of discretion for the court. If a judgment is entered against her in excess of the insurance policy, and the plaintiff wishes to execute, an application could be made to the court for an order forcing the sale of the home. How that's decided depends on various circumstances. Best, M. E. Zuller

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Answered on 3/17/09, 3:19 pm
David Kaufman Tinari, O'Connell, Osborn & Kaufman

Re: personal injury lawsuit

The short answer is "yes" your wife would be included in any lawsuit, and depending on your policy and the injury and the facts of the accident itself, it could expose your personal assets. Most cases do not end up that way, but you never know.... call a lawyer, consultations are free. Get some real advice.

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Answered on 3/17/09, 3:44 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: personal injury lawsuit

The answer is yes she could be held personally responsible and if the injuries are serious enough the attorney for the injured party could come after your wife personally and attache any judgments or awards to her/your house. You need to make sure you put him on your policy or if you are worried he is a risk insist on him getting his own insurance policy so you are protected. Is this in New York? If you have any further questions please feel free to visit my website at www.1800wefight.com or contact me for a free consultation at 1(800)WE-FIGHT. Thank you for contacting me and I look forward to speaking with you about any concerns you may have.

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Answered on 3/17/09, 5:38 pm


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