Legal Question in Personal Injury in Wyoming

Re: Can I be held responsible if my son injured a passenger in an accident that

(1) Call your homeowners and auto insurance agents to see if they will

provide a defense. (I.e. pay for legal counsel and select a lawyer for you.)

(2) If your son had a driver's license and was covered under your automobile insurance policy at the time of the

accident, it may tender a defense and pay any judgments.

(3) You message said the accident occurred in May, 1977. If so, there may

be a pretty solid statute of limitations defense. (In Wyoming an injury claim which

is based upon negligence should be filed within four years of the date of the injury.

A claim for battery (intentionally causing injury) has a shorter statute of limitations.)

(4) If this was a typographical error and should have been May 1997, the statute

of limitations should run in May 2001. Thus, you may still have a valid statute of limitations

defense if the lawsuit was not filed before four years from the date of the accident.

(5) If the lawsuit was filed in time and but just have not yet been served, you may still have

a valid statute of limitations defense if the suit was filed more than sixty days ago.

(6) You personally are likely to have a valid defense to liability on the merits of the claim even if the statute

of limitations defense does not protect you. Issues to consider would be whether you provided the alcohol,

whether you knew they were going to take the automobile and did nothing, etc.

(7) If there is no statute of limitations defense, your son's estate (i.e. your auto insurance policy)

may be liable for damages caused by his negligence in driving the car if such negligence is demonstrated.

(8) The bankruptcy should not have any effect on your defenses in the PI case. In fact,

the PI case should be subject to the bankruptcy automatic stay. However, you should talk to your

bankruptcy attorney about the need to add the pi claimants as "creditors" of the bankruptcy estate.

A bankruptcy attorney should advise you about this issue as you will want the bankruptcy to discharge

you from all debts, including any debts arising from the injury claim.

While I hope this is helpful, the most important and valuable advice I would give you

would be to go see a lawyer immediately for advice on these issues and to immediately notify

your auto insurance carrier that covered you at the time of the potential claim. From the limited facts you

have provided, it is difficult to thoroughly evaluate the merits of your position. Do not procrastinate

in contacting the insurance company and an attorney as it may prejudice your rights if you do.