by Guest » Sat Sep 18, 2010 05:27 pm
I was in a car accident in San Francisco where i was the back seat passanger. The driver was unlicensed and after the accident occured the driver and another girl switched seats. she was then accused of dui and taken to jail. in order to help her get out we wrote writen statements saying who was really driving. i am being sued for agreeing on an unlicensed driver and therefore am being charged 750,000$ for his "injuries". the driver was 17 and the other 3 passangers were 18. the owner of the car filed bankrupcy just after. can i realy be hold responsible for this?
Posted: Sun Sep 19, 2010 05:13 am Post Subject:
So... I'm guessing some one was injured? Care to share who? You just say "his".
If you are being sued then the Complaint was served to you, correct? Someone showed up at your home or work and handed you the Complaint? If so, when... as you have a limited number of days to file an Answer. If you don't file within that time frame, you could lose by default.
I'm still confused about the situation. The driver was unlicensed. Did you know this about the driver? I'm confused as to how knowing a person was unlicensed could lead to someone else being injured. Are the contentions that you should have stopped the driver from driving... or some how forced the passenger ("his"?) out of the vehicle knowing that the driver was unlicensed? If you have been sued, then the Complaint outlines what you did wrong. What are these items?
Do you have auto or property insurance?
Posted: Sun Sep 19, 2010 01:22 pm Post Subject:
in order to help her get out we wrote writen statements saying who was really driving
Well, I cannot tell if the statement you wrote was a truthful one about the actual driver switching seats, or a false one to protect the unlicensed driver. The first is an act of repentance, the second is an act of perjury.
As a passenger, I don't see how anyone would have a "cause of action" (the necessary element of a civil suit) against you. Repentance or perjury notwithstanding.
As tcope inquires, did you know the driver was unlicensed? Perhaps under the theory that he advances, if you were the only licensed driver in the vehicle, you could have prevented him from driving in the first place. That is, of course, if you were not also intoxicated, which would be your only possible defense to a civil action under tcope's theory.
What you can be held responsible for is whatever the judge and jury determine your liability to be. A good lawyer will get you dismissed from the action if you have no responsibility of any kind. Probably cost you $2500 to make that happen. Sure beats your share of some or all of the $750,000, doesn't it?
Since you weren't driving, I doubt that your auto insurance policy will pay for your defense in this matter. If you, or your parents (if you are still their dependent), have homeowner's insurance, you might be able to get that company to defend you and file the paperwork to get you severed from the complaint.
Posted: Tue Sep 21, 2010 07:01 am Post Subject:
If you, or your parents (if you are still their dependent), have homeowner's insurance, you might be able to get that company to defend you and file the paperwork to get you severed from the complaint.
It certainly seems a way out, but won't it be a complex procedure? I'm sure it will take some time before things get settled that way.
Posted: Tue Sep 21, 2010 01:52 pm Post Subject:
It certainly seems a way out,
Not talking about a "way out" but a proper legal defense.
First, I cannot imagine any back seat passenger having any responsibility for the actions of a driver, licensed or not, short of direct interference with the driver's act of driving the car (like reaching over the seat to grab the wheel, or something else stupid like that). As such, a person's own auto insurance has no liability exposure to any claim against that back seat passenger.
But other negligence or liability may rightly be a claim against the child's parents' homeowner's policy, and the insurance company promises in the policy to provide a defense against all claims (if it is unwilling to pay the claim because it does not agree that liability exists). That's what I was alluding to.
It is not complex (obtaining the insurance company's defense). But, you are right, Steven, this is not going to be resolved quickly now that some attorney is suing everyone he can, hoping that something will stick to someone.
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