Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest
information and not necessarily to tell you what you wish to hear. Note: there may be a slight
delay between your follow ups and my replies.
I am very sorry for your loss, and your current situation. Is my nephew solely responsible for the damages or will I somehow be sued?
You are not
liable here. Just because you may be associated with the estate does not mean that you are liable. Liability in such a situation falls under the claim for negligent entrustment
of negligent entrustment is based on the degree of knowledge the supplier had or should have had concerning the entrustee's propensity to use the chattel in an improper or dangerous fashion." Splawnik v. Di Caprio, 146 AD 2d 333 - NY: Appellate Div., 3rd Dept. 1989
(internal citations omitted). In other words, if you had possession of the vehicle as the EXECUTOR of the estate, and lent it to the nephew while knowing or while you reasonably should have known that he could not drive the vehicle properly, only then may you be liable.
But this is not the case here, as you never lent the vehicle to the nephew - he already had it. You never ENTRUSTED it to him, and thus, are not liable for negligent entrustment.Who do I need to notify and how?
The car insurance company needs to be notified by a simple call. Then they will take over, contacting all parties, interviewing them, and then settling the claim, 98% of the time.
I hope this helps and clarifies. Good luck.IMPORTANT
: Please use REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating
. My ultimate goal is your complete satisfaction.