Can they sue my boyfriend?

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Can they sue my boyfriend?

I was driving his car and got into an accident. Now we are both being sued. I
have no assets, but he does. Can they take his belongings even if he was not
present during the accident?

Asked on August 2, 2017 under Accident Law, Michigan

Answers:

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

Answered 6 years ago | Contributor

Your boyfriend is liable because he is the registered owner of the car even though he wasn't present at the scene of the accident.
He should contact his insurance company.  If you were not on the insurance policy, his insurance will deny the claim because the insurance company will consider you to be an unauthorized driver.
if you are on his insurance policy, his insurance company will provide an attorney at no cost to defend him.
If you are not on the insurance policy, and his insurance denies the claim, it would be advisable for him to file bankruptcy if the lawsuit results in a judgment against him in an amount he can't afford to pay.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt. His belongings can be protected by exemptions in various amounts that are listed on the bankruptcy forms.


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