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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4094
Experience:  30 years of experience
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I have a friend who was in a car accident. Due to weather

Customer Question

I have a friend who was in a car accident. Due to weather conditions, he hit the car in front of him. At the time, his license was expired (unbeknownst to him). The car was insured under his mother's name. At the time, no one was injured. His right front bumper (a Honda Accord) hit the left front bumper (a panel van) of the car in front of him. No one was injured at the time. Since then the other car's passengers have decided to sue and won't accept what the insurance company is offering. There has been a court date issued. My question is this how liable to those people is my friend's mother? Can they really go after her?
JA: License regulations vary from place to place, so can you tell me what state this is in?
Customer: New JErsey
JA: Has anything been filed or reported?
Customer: Yes.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. He has a lawyer and a court date - I just want to know really if they can go after his mother since it was her insurance
Submitted: 11 months ago.
Category: Legal
Expert:  Gerald, Esq replied 11 months ago.

Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 11 months ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

There is some small potential liability to the car owner, but it is a small risk and likely will not play out that way.

The more likely scenario is that the plaintiffs will settle at or just before the date of trial. The delay is a tactic to try to get the insurance company to increase the offer.

As to the owner's liability the plaintiffs must prove that she knew that the driver was not licensed. But more then that they must proe that she knew he was not a careful driver, OR that the driver was using the car for her benefit. Without proof of that the owner of the car should not be liable for the negligence of the driver.

The insurance company has to provide the owner a proper defense. In almost all of these cases the insurance company will eventually reach a settlement.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.