Full question:
I was living in Palm Springs, Ca.when I sold my niece my truck. It was a Lincoln 2007. I filled out the form from d.m.v. I signed it all she needed to do take it to d.m.v. in Escondido, Ca. well 3 hrs. later she totaled it. The other vehicle involved was relatives of mine. Now 3 yrs. later their suing me for over $200,000.00 dollars. Well I live 3 hrs away. They both had been drinking, they both have suspended licences, they both are on parole and I wasn't even there. Can he sue me and what is the length of time he to sue somebody?
- Category: Automobiles
- Date:
- State: California
Answer:
In cases like this, several legal theories may apply:
- Negligent entrustment: If you lend your vehicle to someone knowing they are unlicensed, reckless, or inexperienced, you may be liable for damages they cause. The injured party must prove that you entrusted the vehicle, that the driver was unlicensed or reckless, that you knew or should have known this, that the driver was negligent, and that this negligence caused damages.
- Family purpose doctrine: In some states, if a vehicle is purchased for family use, the owner may be liable for negligent driving by family members using the car.
- Minor's driver’s license application: In certain states, if you sign a minor's driver’s license application, you may be responsible for their negligent driving.
Generally, unless a legal theory applies, you are not liable if you were not in the car during the accident. The time allowed to sue someone varies based on the claim. In California, the statute of limitations for personal injury is two years (Cal. Civ. Proc. Code § 335.1). A minor has two years from turning eighteen to file a claim.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.