MIL..Lent Car...Accident..Summons... Oh My!

[patsal]

I have no idea what to tell her other than the obvious, you should not ever lend your car, and since you are older and wiser you should know that!

About three years ago her neighbor asked to use her car, she let her. The neighbor got in an accident, said the brakes failed. They were recently fixed before she borrowed the car.

MIL no longer has that car, she bought a newer used car as the old used car was nickel and diming her.

She rec'd a summons last week claiming neglignce in car repairs and it names her, and the repair shop she uses. Of course she no longer has the car or the repair records that go with it.

Any ideas what she should do? She has no money, her house is HELOC'd to the max to pay for home and car repairs and upkeep.

The person who borrowed the car is already on full disability and is a person who knows every loophole to get something for nothing and avoid working at all cost.

 

[luvmy3jewels]

If I were you, I would try to find out if there is a statute of limitations for this type of thing. If not, then she needs to hire an attorney.

 

[phred52]

oh MY! I'd somehow find money for a lawyer, fearing that if I didn't hire a lawyer ... I'd soon be losing everything. Sending , your MIL is in afor a rough ride I'm afraid.

 

[X and G's mom]

Was she insured? If so, have her contact the insurance company.

 

[kymmyk13]

She needs to contact her insurance company. They wil handle everything for her.

 

[christygobar]

She may have passed the records on with the car, but if she is still using the same repair shop and it is still in existence, she should be able to work with them on finding their paperwork for the brake fix. Especially since they are being summoned as well.

Good luck to your family - that sounds like a nightmare

 

[wmharley]

1) call the insurance company. If she was insured, the policy should cover legals expenses (which is why there are coverage limits).

Then contact the repair shop. If the shop is reputable and has the records, the moocher would be hard pressed to claim negligence.

 

[hugabearjo]

No advise just {{{{HUGS}}}}..... I can't imagine being faced with this.... Lesson to us all. Don't borrow or lend our cars to people

 

[pooh98378]

Was a police report filed at the time of the accident? That may give some insight as to whether failed brakes caused the accident or if it was the driver.

 

[badblackpug]

Attorney attorney attorney!

 

[csharpwv]

That sounds horrible!

I would think the statute of limitations would be expired if it happened a few years ago.

I think the average for injury claims is 2 years - I know in WV the Statute of limitations is 2 years on personal injury claims.

Step one is to definitely contact the Insurance Company - step two is to take MIL's keys so she can't loan her car!

 

[stichy]

I have no idea what to tell her other than the obvious, you should not ever lend your car, and since you are older and wiser you should know that!

About three years ago her neighbor asked to use her car, she let her. The neighbor got in an accident, said the brakes failed. They were recently fixed before she borrowed the car.

MIL no longer has that car, she bought a newer used car as the old used car was nickel and diming her.

She rec'd a summons last week claiming neglignce in car repairs and it names her, and the repair shop she uses. Of course she no longer has the car or the repair records that go with it.

Any ideas what she should do? She has no money, her house is HELOC'd to the max to pay for home and car repairs and upkeep.

The person who borrowed the car is already on full disability and is a person who knows every loophole to get something for nothing and avoid working at all cost.

Could she contact the places that did the work on her car? They may be able to retrieve the records by computer. I bought a CPO from a volvo dealership and the previous owner had used the same dealership for repairs so they were able to give me the info on previous maintenance

 

[badblackpug]

That sounds horrible!

I would think the statute of limitations would be expired if it happened a few years ago.

I think the average for injury claims is 2 years - I know in WV the Statute of limitations is 2 years on personal injury claims.

Step one is to definitely contact the Insurance Company - step two is to take MIL's keys so she can't loan her car!

Here it's 5 years. I know that because I had a friend sued just a month shy of the 5 year mark after a car accident. I think it varies from state to state. Get an attorney. My friend went through hours of depositions, but in the end didn't end the case was thrown out.

 

[TLuvsD]

Call the insurance company asap. They will handle a lot of this for yur MIL.

 

[DVC-Don]

If I were you, I would try to find out if there is a statute of limitations for this type of thing. If not, then she needs to hire an attorney.

3 years here (or 3 years from the time a minor turns 18 if the accident happened when they were below 18). Turn it over to her insurance company at the time of the accident, they'll handle it. No need to hire your own attorney at this point.

 

[mrsstats]

Did she report the accident to her insurance company when it happened. If not, they may not cover it now. If she did, then they will defend her in this suit.

 

[seashoreCM]

Adding my opinion to reinforce things.

Her insurance company first.

Don't hire the attorney yet, at least for a little while.

Now if her home is mortgaged to the hilt (HELOC'ed to the hilt) she might find bankruptcy protection appropriate for a six figure claim/suit if she did not have insurance. This part needs an attorney to get started although time is not of the essence yet.

 

[CLEO Z]

As PPs have stated: She should call her insurance company ASAP.

2nd and VERY IMPORTANT: She needs to answer the summons TIMELY as directed on it. If she doesn't, the court will enter a default judgment against her. Contact the ins co first to see if they will be representing her, if they can't tell her before the deadline to answer the summons, she should send in an answer denying all allegations in the summons. Depending on her income or age, have her contact the local legal aid/legal services. She may qualify for atleast advice -some grants to legal help places are based upon age 50 & over or an income that might be surprisingly higher than you think. It is very important to get atleast ADVICE from a local attorney.

Here is the reality: The neighbor is after the repair place, but pretty much has to include your MIL in the suit. From the sound of it, your MIL doesn't have any money or property that the neighbor could get $ out of. Is your MIL retired? If so, the neighbor can't go after her social security. If she is working, they could try to garnish her paycheck if FIRST they prove that she was negligent. Even if that happens, there are ways to get around it depending on your state law.

Here is the issue about the paperwork: Remember that in a civil lawsuit, THE NEIGHBOR has to first prove the negligence. Chances are that they will be subpoenaing all records from the repair shop. The important part for your MIL will be testimony that A) she noticed a problem with brakes, B) she took the car in and had it repaired and C) at the time of the lending, she thought the car was fixed and in proper working order.

Good luck and remember to get advice from a local attorney!

 

[patsal]

Thanks for all the hints on what direction to take on this. I will have DH call her tonight and tell her that she should contact the insurance co and to answer the summons ASAP as well. The accident was reported to insurance, I do not know if a police report was filed, she lives in NYS and I know the repair shop is still in business. I'll keep you posted on what transpires, hopefully it goes well.

 

[hambirg]

As PPs have stated: She should call her insurance company ASAP.

2nd and VERY IMPORTANT: She needs to answer the summons TIMELY as directed on it. If she doesn't, the court will enter a default judgment against her. Contact the ins co first to see if they will be representing her, if they can't tell her before the deadline to answer the summons, she should send in an answer denying all allegations in the summons. Depending on her income or age, have her contact the local legal aid/legal services. She may qualify for atleast advice -some grants to legal help places are based upon age 50 & over or an income that might be surprisingly higher than you think. It is very important to get atleast ADVICE from a local attorney.

Here is the reality: The neighbor is after the repair place, but pretty much has to include your MIL in the suit. From the sound of it, your MIL doesn't have any money or property that the neighbor could get $ out of. Is your MIL retired? If so, the neighbor can't go after her social security. If she is working, they could try to garnish her paycheck if FIRST they prove that she was negligent. Even if that happens, there are ways to get around it depending on your state law.

Here is the issue about the paperwork: Remember that in a civil lawsuit, THE NEIGHBOR has to first prove the negligence. Chances are that they will be subpoenaing all records from the repair shop. The important part for your MIL will be testimony that A) she noticed a problem with brakes, B) she took the car in and had it repaired and C) at the time of the lending, she thought the car was fixed and in proper working order.

Good luck and remember to get advice from a local attorney!

That is exactly what I was going to say. The burden of proof is on the neighbor. I don't think she has a case against her at all. Maybe against the repair shop, but that sounds even unlikely. did the brakes have to be re-repaired after the accident? If not, than that's probably proof that it wasn't the brakes. . .and your MIL should file a counter claim for damages to the car caused by the neighbor. Did she have repair bills? Insurance deductibles?