How can I resolve being sued for a drunk driving case? 17 Answers as of December 06, 2011
Someone was driving my car and they went to the bar. He then got into an accident and the insurance company is suing me over the accident. They are trying to drop the driver off the suit. He took my key off the table and would not answer my calls all day. When he finally answered my calls, he lied about where he was. I told him to get my car back now or I was going to the cop and have him thrown in jail. Twenty minutes later he called and told me he had an accident. There was one accident in the same spot he hit a car parked on the side of the road. This has been going on for over two years now. The court was going to dismiss it.Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereTouchstone Law Firm, LLC | Dmitry David Balannik
Generally, you are responsible for letting people drive your vehicle. However, if this person stole your keys, you should, at a minimum, file a police report and inform your insurance company.
Answer Applies to: District of Columbia
Replied: 12/6/2011
The Margolis Firm | Charles J. Candiano
Let your insurance handle this.
Answer Applies to: Illinois
Replied: 12/5/2011
Law Office of William L Spern | William Spern
Under the owners liability statute, your are liable for accidents caused by your vehicle if it is driven with your express or implied consent. The fact that you told the driver to return the car to you establishes that the driver was driving with your express consent. Turn over claim to your auto carrier.
Answer Applies to: Michigan
Replied: 12/5/2011
Meyer & Kiss, LLC | Daniel Kiss
You should retain an attorney to defend you from the lawsuit. It is important that you present your defense, which is that the driver took your car without your permission. If you have not been served as a defendant, that you have not yet been sued.
Answer Applies to: Illinois
Replied: 12/3/2011
Law Office of Joshua Pond | Joshua Pond
This sounds like a very serious situation and one I wouldn't approach alone. Find an insurance defense attorney in your area today and let him or her get started defending you. Don't trust what the insurance company is telling you, let someone who knows the game play it for you.
Answer Applies to: Oregon
Replied: 12/3/2011
Paul Whitfield and Associates P.A. | Paul L. Whitfield
If he had your permission you are liable. If the car was stolen no. Since you did not report it stolen and there may be an issue about permission you may be stuck. Normally the owner of a car is liable for its use.
Answer Applies to: North Carolina
Replied: 12/3/2011
David F. Stoddard | David F. Stoddard
Your insurance (if you have any) should pay for any damages, unless your company determines that the individual was driving without your permission (which you say is the case). If your insurance denied the claim, then the other parties' (the one who was hit) uninsured coverage would pay the damage. However, that company might suspect that you did give permission, and for that reason may try to bring you into the suit to get to your insurance. If this is the case, your insurance company would hire an attorney to defend the case. You should let your attorney handle it. If he can settle the claim, it will get resolved that way, otherwise it will get resolved in a trial. There may be other reasons you were brought into the suit. Regardless of why you were sued, it will be resolved by either settling the case or in a trial. Hopefully, you have an attorney. One easy way to settle a case is just to give the other side what they are asking for in the suit. However, this is not always the best way.
Answer Applies to: South Carolina
Replied: 12/2/2011
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Let the court dismiss it and hope nobody appeals.
Answer Applies to: Montana
Replied: 12/2/2011
Kelaher Law Offices, P.A. | James P Kelaher
Your own insurance company should be defending you, but the bottom line in Florida is that you are only liable for damage done by your car when you have given permission to someone to drive it. If you have given him your permission in the past, and left the keys out where he could avail himself of them, then your insurance company still should defend you.
Answer Applies to: Florida
Replied: 12/2/2011
The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
If you are being sued, you have to defend yourself. If you had automobile insurance, it seems that your insurance company should provide you an attorney, at no charge. Did you contact your insurance company and tell them about this? If not, do so immediately. if you did not have insurance, I would recommend hiring an attorney. On the facts you have provided, it does not appear to me that you will be responsible.
Answer Applies to: Virginia
Replied: 12/2/2011
Andrew T. Velonis, P.C. | Andrew Velonis
If you have a lawyer, ask him/her that question. If you don't, it may be too late, but you should get one anyway. Ask how much it will cost. If the lawyer says $5,000 then offer the insurance company $2,500 to go away.
Answer Applies to: New York
Replied: 12/2/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
You should notify your insurance company and let them defend you.
Answer Applies to: Washington
Replied: 12/2/2011
Buff & Chronister | G. Scott Buff
If this individual stole your car and was in fact not authorized to drive your car, you should not have any liability arising from the wreck. It sounds as though your insurance company has determined that he was not an authorized driver and has denied coverage. If you were named as a defendant in the lawsuit, you should hire an attorney to defend you. It is likely that you will be dismissed as a defendant. You do have a claim with your insurance company for the damage to your vehicle pursuant to your collision and comprehensive coverage.
Answer Applies to: Georgia
Replied: 12/2/2011
Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
If you knew that the person that you loaned the car to was drinking you can be held responsible for the injury for negligently entrusting the vehicle to that person. Simply because you owned the vehicle does not make you legally responsible for the negligent conduct of someone that you loaned the vehicle to. If you have not already hired an attorney to represent your interests in this matter you should do so immediately.
Answer Applies to: Ohio
Replied: 12/2/2011
Law Offices of Michael Stephenson | Michael Stephenson
It sounds like there is a mistake being processed. You should hire a lawyer to help you with this or else the mistake may result in an incorrect entry of judgment against you for tens or even hundreds of thousands of dollars.
Answer Applies to: California
Replied: 12/2/2011
Counard & Heilmann Law Office | Michael Heilmann
In Michigan an owner of a car is responsible for the actions of the driver of the car as long as the driver has permission to drive the car. Contact your lawyer from the insurance company not a website.
Answer Applies to: Michigan
Replied: 12/1/2011













