What to do if I had an accident in a vehicle registered in my mother’s name but she didn’t have insurance?

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What to do if I had an accident in a vehicle registered in my mother’s name but she didn’t have insurance?

Now the other driver’s insurance company says that I owe $8000. Is there a way they can go after mother since it was her car?

Asked on July 4, 2012 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were at fault in the accident, your mother is liable for the accident because she is the registered owner of the vehicle.  Since she didn't have insurance, you and she will be sued by the othe party for negligence.  The amount the other party is claiming may include property damage and their separate personal injury claim.  The personal injury claim would include compensation for the medical bills, pain and suffering, which is an amount in addition to the medical bills, and wage loss.

If the other party gets a court judgment against you and your mother, filing bankruptcy would be an option to consider if you and your mother can't afford to pay the judgment.  Until there is a judgment against you and your mother, it would be premature to file bankruptcy.

If the other party was at fault in the accident, the fact that you and your mother did not have insurance does NOT prevent you from filing claims with the  at-fault party's insurance carrier for property damage and a separate personal injury claim.   


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