Visitor Question

My Son Took the Truck Without Permission and Got Into an Accident…

Submitted By: Gin (Savannah, GA)

My husband told my son not to drive his truck until he got insurance. We then found out my son drove the truck and was in a car accident (he had no insurance). They say my son was at fault in the accident. Is my son or my husband liable for the victim’s injuries and other damage from accident?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Gin,

Regrettably, the owner and the driver of a vehicle which is at fault in a collision are separately and individually responsible for the injuries caused to a victim.

The good news is that your husband’s insurance company should cover all the damages suffered by the victim.

When you say “they” said your son was at fault, “they” don’t decide fault. Your husband’s insurance company has a say in who is at fault.

Your husband’s insurance company will do its own investigation. Their job is to protect your husband, and by doing so, your son as well. If your husband’s insurance company determines your son was at fault, they will enter into negotiations with the victim or her Attorney.

If the amount of medical expenses incurred by the victim are within your husband’s policy limits your husband should have no concerns. If on the other hand, the victim’s injuries are in excess of your husband’s policy limits, regrettably the victim may have access to your husband’s personal assets.

You should not have to be concerned with hiring legal counsel. Part of your husband’s insurance policy should state that in the event he is sued, the insurance company will provide legal counsel to represent your husband through the entirety of the case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 24, 2011

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Comments

One thought on “My Son Took the Truck Without Permission and Got Into an Accident…

  1. My son took my car without permission and caused an accident, but the accident only resulted in property damages. My insurance said they won’t pay for any damages because he was not under my insurance policy.

    Now the person whose car was damaged is now trying to sue my son, but my son was only 16 years old when this happened. I don’t know what to do.

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