Am I personally liable for my daughter’s car accident since she is a minor?
In January, my daughter was at fault in a crash that resulted in my car being totaled, and I believe the other vehicle was also totaled. We carry full collision and comprehensive coverage, as well as liability and bodily injury limits of $100,000.
I’ve been informed by my insurance adjuster that the other party has filed a bodily injury claim, although no one required ambulance transportation from the scene. Will this likely be managed by my insurance, or should I be concerned about potential personal liability?
If the insurance claim is resolved, could the other party still pursue a personal lawsuit at a later date? I understand that the statute of limitations in my state is one year.
It’s understandable to be concerned about the potential legal ramifications of your daughter’s car accident. Generally, when a minor is involved in a car accident, the parents or guardians can be held liable for damages if the minor is deemed at fault. However, your insurance liability coverage should help protect you from personal financial liability in this situation.
Since you have liability coverage with limits of $100,000, your insurance is primarily responsible for covering damages and bodily injury claims up to that amount, provided that the claim is valid and within those limits. If the other party has already filed a claim, your insurance company should handle negotiations and settlements on your behalf.
Here are a few points to keep in mind:
Insurance Handling: If you have adequate liability coverage and the claim is within the coverage limits, your insurance should cover most, if not all, of the damages. This means that as long as the claim does not exceed your policy limits, it’s likely that you won’t face personal liability.
Personal Lawsuit: In theory, even if the insurance claim is settled, an individual could still file a personal lawsuit if they believe it’s warranted. However, your liability insurance would typically cover you in such situations, assuming the claim is within your policy limits and scope.
Statute of Limitations: With a one-year statute of limitations in your state, any potential lawsuit would generally need to be filed within that time frame. It’s important to keep track of this timeline, especially if the insurance process is prolonged.
Consulting a Lawyer: If you’re particularly concerned about your potential exposure or if the situation becomes complicated, it might be prudent to consult with an attorney who specializes in liability or auto accident claims for specific guidance based on your circumstances.
Monitoring Communication: Stay in close communication with your insurance adjuster. They can provide guidance on the status of the claim and any further actions you may need to take.
While it’s natural to worry, being proactive and informed can help you navigate the situation more confidently.