by Guest » Thu Jan 27, 2011 03:50 am
If our 18 year old son is driving our car and high on drugs, in an accident, someone hurt do we have any liabilty beyond our insurance. We have very good insurance coverage, the maximum, could the other party try to get any of our assets and what would be the chances of them being successfu? The car title is in my husband's name, he has a professional license, could that be threatened in anyway?
I do not know if these are appropriate questions
Thank you very much
I do not know if these are appropriate questions
Thank you very much
Posted: Thu Jan 27, 2011 03:55 am Post Subject: son driving while high on drugs
Hi, if our 18 year old son is driving our car, high on drugs, in an accident, someone hurt, do we have any liability beyond our insurance? We have the maximum coverage, could the other party try get any of our assets,and what would be the chances of them being successful? The car title is in my husband's name, he has a professional license, could that be threatend in any way. I do not know if these are appropriate questions that you answer
Thank you very much!
Posted: Thu Jan 27, 2011 05:20 am Post Subject:
Can someone get more then your policy limits? Sure. But is their injury worth more then your limits? Your insurance company is not going to pay one dime without getting a release from the other person. If a release is obtained, you will never owe the other party anything.
Posted: Fri Jan 28, 2011 09:13 am Post Subject:
the answers to your questions totally depend on which state this occurred in.
2 big factors:
1. whether or not your state is a fault or no-fault state. there are 12 no-fault states and 38 fault states, and some states are a combination of the two.
2. whether or not your state has legislation that further punishes impaired drivers, as far as liability is concerned.
but even beyond those two major factors, we really need to know which state to answer your question.
Posted: Fri Jan 28, 2011 11:07 pm Post Subject:
'm assuming your'e in a fault state and so to answer your question, yes.
regardless of drug use, DUI, or whatever..should your son (or anyone driving your vehicle) hit a pedestrian, or cause a head on collision, and/ or severely injure or kill someone, you can exceed limits very quickly of 99% of auto policies out there. anything over your limits of liability leaves you exposed.
for example, hit someone and they cant walk or have a long term residual disability and the judgment after months and months finally settles at $250k...your limits of liability are $100k...your exposed to the $150k difference. Now, imagine disabling a a doctor, attorney, or other professional with high earning potential. could be much higher settlement.
if your son has a drug problem, there no way you should let him drive your vehicle. If he's in recovery and you are trying to help him, buy a vehicle and title it in his name w/ his own insurance. Otherwise when you give him the keys to your car, your potentially giving him keys to your assets.
If you have assets to protect, increase your liability limits and buy a personal umbrella policy that will extend to all your property. talk to your agent, it's usually very affordable to do this.
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