Am I personally liable for my daughter’s car accident (she’s a minor)?
In January, my daughter was at fault in an accident that totaled my car, and I believe the other vehicle was totaled as well. We have full comprehensive and collision coverage, as well as liability and bodily injury limits of $100,000.
My insurance adjuster informed me that the other party has filed a bodily injury claim. No one was transported to the hospital from the scene. Will this likely be addressed through my insurance, or should I brace for potential legal issues?
If the insurance claim is resolved, is there still a chance they could file a personal lawsuit later? I understand that the statute of limitations in my state is one year.
In general, if your daughter is a minor and was driving your car with your permission, liability for the accident typically falls under your insurance policy. Since you have liability coverage, your insurance should handle the claim filed by the other party to cover damages and any bodily injury they assert.
However, there are a few things to keep in mind:
Insurance Coverage: Your liability limits of $100k should cover most claims, but if the damages exceed this amount, you could be personally liable for the excess. This might be a concern if the other party suffered significant injuries or damages.
Claims Process: The insurance adjuster will evaluate the claim, including any medical documentation, and will negotiate with the other party’s insurance. If the claim is settled within these limits, it is less likely that the other party would pursue further legal action.
Personal Lawsuit: Even if a settlement is reached through your insurance, the other party could still file a lawsuit before the statute of limitations expires. However, if they are satisfied with the settlement offered by your insurance, they typically wouldn’t pursue further action.
Future Actions: Keep documentation of all communications regarding the claim and any settlements. If a lawsuit were to arise, having this information could be beneficial.
Consult a Lawyer: If you have concerns about potential personal liability or the claims process, consulting with a legal professional would be advisable. They can provide specific guidance based on your situation and state laws.
Ultimately, while there’s a possibility of being sued personally, your insurance is designed to protect you in such scenarios, assuming the claims remain within your policy limits.