Please Note -- the following answer assumes that your daughter's
boyfriend was the driver at the time of
the accident and was found to be at least partially at fault -- it is
further assumed that you have (or will be) named as a legally
responsible party in a successful lawsuit pertaining to this car
accident.
As the
owner of the 'at fault car' you are clearly within the liability Loop of this situation.
The fact that your daughter and her boyfriend are adults -- and even
the fact that the boyfriend drove your car without your knowledge or
permission -- will, in all likelihood, not reduce your legal
responsibility in this matter.
This would hold true even if the boyfriend were licensed and insured
and had a job. Although, under that scenario, your financial
liability exposure would presumably be lessened because the plaintif(s)
would likely go after the boyfriend's (and his insurance company's)
financial resources -- before coming after yours.
Your daughter may also be liable in this situation because the boyfriend was driving your car with her permission.
By the way, Illinois is not a
no-fault motor vehicle insurance
State. This means that the plaintiff's insurance benefits do not
have to be exhausted before they come after your auto insurance
benefits and your personal financial assets.
What is more, the plaintiff's insurance carrier probably has the
right of subrogation
-- this means that they have the right to recover (from you and or your
insurance company) whatever monies they have paid out on behalf of
their insureds in situations like days.
Obviously the situation is more complex than can be dealt with here. I
strongly recommend, and urge you to consult with a local attorney who
is competent in defending liability cases. Initial consultations with
attorneys are generally free of charge.
Click on the above Links for additional information.
Let me know if you need more input. If not, thanks for the
opportunity to assist you... Please honor my efforts by pushing the
green 'Accept' button (located within this post -- above-right).
Adding a bonus -- should you wish to do so -- would be warmly welcomed.
Good Luck!
Steve
Edited by Oreport on December 19 2005 at 1:00am__________________
Counselor /listener/collaborative problem solver. Thanks!
