Yes, you probably are (though that can only really be decided by a jury or the Court) because you were responsible for seeing that a vehicle in your name was operated responsibly, etc. This is really not uncommon at all. You should look at your financial situation otherwise and determine if bankruptcy MIGHT be an option. If you think that is something you might even possibly consider, it would behoove you to avail yourself of a free consultation with a qualified, reputable bankruptcy attorney. A great resource to find such an attorney is www.nacba.org, the website of the National Association of Consumer Bankruptcy Attorneys. Almost all bankruptcy attorneys will ofrfer a free initial consultation, so you can find out your rights and options and you have nothing to lose. Good luck,
John Flynn
The reason your wife is liable is because of a principle called negligent entrustment. A wikipedia article on it can be found here: http://en.wikipedia.org/wiki/Negligent_entrustment
The reason you personally might be liable is because of a principle wherein a husband is generally responsible for a wife's debts.
There is definitely a possibility of it being settled. The insurance company has what's known as a "subrogation" claim against you. They had to pay out to their insured under their insurance contract, but they have the right to recover what they had to pay from the party that is at fault. They probably determined that your wife (and possibly you) were better targets with more assets than your son. However, the insurance company wants to save money on attorney fees and costs of collecting on any judgment, so they may be inclined to settle for a lesser amount. You could try and negotiate it yourself or retain an attorney to negotiate on your behalf. If you have an attorney, you might get a better result because the insurance company will assume that the attorney will be representing you in the event of a lawsuit. A qualified, reputable attorney can be found by searching www.martindale.com for an attorney in your area who specializes in civil litigation or insurance defense and who has a BV or AV rating. Good luck and I hope this helps.
Attorney
Over eight years experience as a trial lawyer in bankruptcy, personal injury, criminal defense, etc.
Since your son was an adult at the time of the accident, I can think of no other theories than negligent entrustment, and if your son had never had an accident before, you will probably win on that issue if you take it to court. If he had had an accident previously, it would be a fact question for a jury to answer as to whether your wife was negligent in entrusting the vehicle to him. Anything from drinking habits to behavioral issues in school might be used by the Plaintiff to establish this. If you are confident there is nothing that should have led you or your wife to believe that he was an unfit driver, then you might try hiring an attorney and defending it, refusing to offer anything. Or, call the law firm up and offer a token amount, something less than or equal to what you would pay an attorney and tell them that if they decline it, you are hiring an attorney and will refuse to pay anything from there on out.
Thank you John for the great service. I will definitely consider using Just Answer again.
Gary Gomez