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Insurance Company Advised Me That an Injury Claim May Result
My daughter was visiting Las Vegas from California. Exceedingly tired, she gave her boyfriend permission to drive her car back to the hotel. This boyfriend made minor low speed rear end contact with another woman's car. No alcohol or drugs were involved. Photos were taken, no injuries occurred (or reported) and subsequent insurance report yielded no apparent issues and any damages would be settled by my insurance company (AAA). Done deal as far as all parties were concerned at the time. My name is on the car title and my daughter is listed on my policy. She is 24 years old.
Yesterday, 9 months after this incident, my AAA insurance called asking me to assist in getting in contact with the my daughter's boyfriend to sign a declaration to establish if he either did or did not have insurance at the time. Apparently after AAA's first contact with him, they were unable to get him to respond to this request. I questioned the AAA insurance (investigator?) about what was going on and he informed me that the woman that got rear ended filed a claim for back surgery medical expenses that exceed (substantially) my policy limits. He informed me that if he can get the now ex-boyfreand to sign this declaration, no further action will transpire and the claim will settle between this woman and AAA (and the ex-boyfriend's insurance company). If the ex-boyfriend does not sign this declaration (and I really don't expect he will), then according to the AAA investigator, this woman can sue me for the medical expenses. It turns out that this woman had an existing degenerative spinal condition and is claiming the accident had aggravated it to a point where major surgery was required (and already performed). AAA guy says he's looking out for me, but that he can only protect me for the amount of the policy and that fighting her claims is of little use.
I am of course distressed beyond comprehension, but need some clarity on how the signing of the declaration essentially makes the problem go away for me, yet the alternative is so potentially devastating. Also, since he was driving and the records specify so, why would the claim not go against him? Any suggestions on how I might seek further assistance in this matter?
You want to talk to an attorney in Nevada. If he has insurance, the limits of the second insurance company may kick in and there may be enough money to settle the claim and thus release you from any liability.
In the general sense, you are not liable to that person. You did not cause the accident, nor you loaned the keys of the car (or the car). In order for you to be liable, YOU MUST BE LIABLE, and you must be the factual and legal cause of the accident, this may be too far remove.
This is why you really need to talk to an attorney.
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