If my son is being sued for an accident that he had in our car, will they come after us since my son does not own anything?

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If my son is being sued for an accident that he had in our car, will they come after us since my son does not own anything?

My son barely hit a older women’s back bumper. She got out of the car to flag down the police. She said she was not hurt but now has hired a lawyer to sue and put a lien on “anything to which my client may be entitled for you”.Our car had more damage. She had a scratch on her back bumper and some paint loss. Our car has to have right front fender an light replaced. I feel she is only trying to sue due to him being 19 years old. My son has a witness his friend in the car. Woman has a witness her passenger. The car is in mine and my husband’s name.

Asked on January 23, 2012 under Accident Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You and your husband and the insurance company and your son will be sued in the motor vehicle accident. If you have photos of both vehicles, that will definitely help in not only getting this dismissed and having your insurance company deny their claim, but also perhaps filing an insurance fraud claim against her. Keep those photos and have your son's witness immediately put what occurred in writing and have it notarized. This is a litigious society and unfortunately, you may be named but it doesn't mean she will prevail. If the woman has a witness, her age and eyesight and facts will come into question, especially since they were hit on the back bumper, she probably didn't turn around to see what occurred.


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