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Legal-Kal
Legal-Kal, Attorney
Category: Traffic Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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My son drove my vehicle and had an accident we were not

Customer Question

My son drove my vehicle and had an accident we were not insured. He hit the back of a car and the car that he hit, hit the car in front of it. All the vehicles were moving and came to a sudden stop. Is he liable for both vehicles the police didn't come to the scene and he was never sighted and now I am being sued because I'm the owner of the vehicle. I need to respond by tomorrow and want to know how to go about responding.
Submitted: 11 months ago.
Category: Traffic Law
Expert:  Legal-Kal replied 11 months ago.

Good evening:

My name is ***** ***** I would be happy to answer your question. I am sorry to hear about the situation that you are in as a result of the accident.

I am a little bit confused on one part. If your son was never sighted, how did the other driver know to sue you?

Customer: replied 11 months ago.
They exchanged information.
Expert:  Legal-Kal replied 11 months ago.

Ok, that makes a bit more sense. It seemed like it was a "hit and run" based on him not being sighted.

Unfortunately, as the owner of the vehicle, you can be sued and held liable just as much as the driver of the car, under some circumstances. These circumstances include if your son was driving at your request or if he was running an errand for you. If none of this is true, then you are technically not liable, but your son will be.

If the other driver has gone through their own insurance company for repairs to the car, it would be best to talk to their insurance company directly to work out a payment plan as the insurance company will want at least some of their money back that they had to pay to have the person's car repaired.

If, however, you want to fight the case and not be liable personally for any payments (that means your son would be however), then you would have to deny the allegations contained in the complaint (lawsuit) against you. Depending on the value or the amount of money the other party is requesting, you will eventually go to trial. If you testify and present evidence that shows your son was not driving at your request, was not your employee and was not running an errand for you, then you yourself will not be liable to the other driver.

Do you have any questions based on this?

Customer: replied 11 months ago.
I am going to deny the allegations because my son drove my vehicle without my knowledge and wants to take responsibility. Can I respond to the suit requesting an extension for time to seek legal counsel?
Expert:  Legal-Kal replied 11 months ago.

Generally, the courts will allow one, maybe two, continuances to allow a defendant to obtain an attorney. If this is your first time appearing in court on the matter, then you can absolutely request an attorney and the court will give you the opportunity to get one.

You can also ask the judge to grant you an extension in answering the complaint so you can have your attorney answer the complaint rather than yourself. As long as it is not a very long extension, the courts will grant you an extension in answering the complaint and allow you to hire an attorney to respond to the lawsuit.

You just want to make sure to explain to the judge that: 1) you would like time to hire an attorney and 2) you would like to have an extension in answering the complaint so you can have your attorney do it. If this is the first (or second) time you are appearing in court, you will most likely be given the opportunity to have both requests granted.

I hope this has helped. Please let me know if you have any follow up questions. If you do, feel free to ask and I would be happy to answer them.

If not, please remember to click ACCEPT and rate my assistance positively so I can receive credit for assisting you this evening!

Customer: replied 11 months ago.
Do you provide legal document services to responding to the suit it will be my first response
Expert:  Legal-Kal replied 11 months ago.

Do you mean will I be able to draft an answer for you?

Unfortunately, I cannot do this. It is against the rules for attorneys to do so because only an attorney who files an "appearance" on your behalf with the court can provide this type of service for you. An "appearance" is the formal way of notifying the court that an attorney officially represents you. Until this is done, only you can submit documents with the court.

I would be more than happy to continue providing general information regarding your legal question, however.

Customer: replied 11 months ago.
Thank you for your response. It was helpful.
Expert:  Legal-Kal replied 11 months ago.

You are very welcome.

Please do not forget to click ACCEPT and rate my assistance as that is the only way I will receive credit for assisting you!

Thank you again and good luck.

Expert:  Legal-Kal replied 11 months ago.

Just a reminder to accept my answer and rate my assistance 3 stars or higher if you no longer have any questions and are happy with the assistance I provided as that is the only way experts can be compensated for the time spent answering customer's questions.

Thank you again!

Expert:  Legal-Kal replied 11 months ago.

Please do not forget to click ACCEPT if you have no other questions. Thank you.

Expert:  Legal-Kal replied 11 months ago.

It has been a few days since the last posting.

If you have not other questions, please comply with the Terms of Service and click ACCEPT if I have sufficiently answered your questions.

Expert:  Legal-Kal replied 11 months ago.

Please remember to click ACCEPT so I may receive credit for helping you if you are happy with my assistance, as we work on the honor system here. Thank you.

Expert:  Legal-Kal replied 11 months ago.

Reminder, please click ACCEPT and rate my assistance.