Law Offices of Earl K. Straight | Earl K. Straight
I would need to know exactly what she is being sued for and under what legal theory the claimant is making to include her in the suit. The fact that she was on the same insurance policy is not enough. If she is the owner of the vehicle and she loaned it to her brother, she could be sued under a negligent entrustment theory. This is when you allow someone to use your car even though you know they should not be driving, such as if they have been drinking or are underage.
Answer Applies to: Texas
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
Just sharing an insurance policy with others is probably not enough to get you sued. However, usually people do not share just an insurance policy, they usually share a common vehicle. If the brother got into an accident in your wife's car, your wife could be sued for negligently entrusting the car to her brother. Without more facts it is impossible to tell you whether you wife is liable or not. It depends on what the brother did and how your wife is connected.
Answer Applies to: Oregon
ROWE LAW FIRM | Jeffrey S. Wittenbrink
Your wife may not be personally liable simply because she helped provide insurance for your brother. The facts and circumstances surrounding the accident can make her liable if she negligently provided a car to someone that she knew was a poor driver, or if he was on some kind of mission or errand for her. Otherwise the insurance provided would be the plaintiff's recourse.
Answer Applies to: Louisiana
Bernard Huff, Attorney/Mediator | Bernard Huff
Retaina defendant's accident attorney to consult with andrepresent your family members. Your wife's insurance may cover most, if not all, of the other party's injuries and damages if your wife's brother'snegligence caused the accident.
Answer Applies to: Indiana
A. Daniel Woska & Associates, P.C. | Dan Woska
Your question is a bit confusing. If your wife had "title" to the car being used, she can be named in the suit even though not in the car when the accident took place. If your wife was simply one of several people covered by an insurance policy, I am unsure why she was named. Please contact an attorney and take the documents in for review.
Answer Applies to: Oklahoma
Ewusiak & Roberts, P.A. | Christopher J. Roberts
If your mom had an ownership interest in the vehicle and it was being driven with her permission, she is a properly named defendant. Florida has what is called the "dangerous instrumentality doctrine," which is basically that a car is a dangerous instrumentality and any owner is liable for any damage caused by a driver who is using the vehicle with permission. The driver is also jointly responsible. Make sure your insurance company knows about the lawsuit immediately. The insurance company should hire your wife a lawyer at their expense, who will explain her rights and potential responsibilities and defend her in the lawsuit. That is the whole reason you buy insurance - they should cover the loss and pay for defense costs, so long as the policy covers those events. Call them right away and determine if they will help you/your wife. If they don't help you, you should consult with a lawyer in your area. Good luck.
Answer Applies to: Florida
Garruto & Calabria, LLC | Andrew F. Garruto
Your wife is most likely the named owner of the vehicle. In New Jersey, the driver is presumed to be the agent of the vehicle owner. Your wife's insurance company will provide a defense. If there is no agency between her and her brother, the claim or lawsuit against your wife will be dropped.
Answer Applies to: New Jersey
David F. Stoddard | David F. Stoddard
There are some circumstances under which one can be held liable for a family member's negligence even when you are not involved in the accident. However, in most cases, you have to provide the vehicle to the family member. I would have to see the lawsuit to see what it alleges against your wife. Her insurance company will hire a lawyer to defend her, and the lawyer assigned to her will take action to get her dismissed from the suit if there are no grounds for liability.
Answer Applies to: South Carolina
Law Office of Jared Altman | Jared Altman
No one is liable for anything just because they are "on a policy". If she was at fault or if she was the titled owner, not the registrant which can be different from the owner, but if she actually owned the car, then she can be sued and held liable.
Answer Applies to: New York
Law Offices of Richard Copeland, LLC | Richard Copeland
Not usually. In almost all cases, it is the negligent driver alone who is considered liable. However, one exception would be if your wife owned the car and loaned it to her brother while knowing that the brother was a dangerous driver or one with a bad driving record. This is called negligent entrustment, and she can be liable if she shouldn't have loaned the car to the brother in the first place.
Answer Applies to: Colorado
Andrew T. Velonis, P.C. | Andrew Velonis
It may be that the Plaintiff's lawyer is suing everyone named on the policy just to make sure they have all possible parties, then they can let non-involved parties out. Your wife must bring this to the attention of the insurance company immediately if she has not already done so. The insurance company will (or has) assigned a lawyer to represent her, and that lawyer will handle it.
Answer Applies to: New York
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Did she have an ownership interest in the vehicle? If not , I do not see the viability of the suit. Unless the carrier provided attorney can give her a good reason she should be included, she should make the carrier provide her a separate attorney.
Answer Applies to: California