Prevent/ deter law suit

UPDATED: Oct 1, 2022

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Prevent/ deter law suit

Daughter was at fault in accident, driving her father’s truck. No license. No insurance. She is a 22 year old single mom of 3 on welfare. How to proceed? Have questions.

Asked on December 20, 2017 under Accident Law, California


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

Answered 5 years ago | Contributor

The father is liable for the accident because he is the registered owner of the truck.  If the father had insurance, the insurance company will deny the claim because the daughter was an unauthorized driver.  The father and daughter will be sued for negligence and will be liable for the property damage (cost of repairs) to the vehicle not at fault in the accident.  Father and daughter will also be liable for the personal injury claims of the occupants of the vehicle not at fault.  The personal injury claims will include compensation for the medical bills, compensation for pain and suffering which is an amount in addition to the medical bills, and compensation for wage loss.
When there is a court judgment against your husband, you and he should file bankruptcy if it is an amount you can't afford to pay.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.  Your daughter should also file Chapter 7 bankruptcy at that time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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