The Shoulder
The Shoulder
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Medical & injuriesquick-seal-710

Borrowed my dad's truck, now the other driver is claiming injury — could he come after my dad's savings?

I'm kind of spiraling right now and could really use some perspective from people who've been through something like this.

About two weeks ago I borrowed my dad's pickup to help a friend move some furniture. On the way back, I was going through a four-way stop intersection and pulled out — I had stopped, waited my turn, everything by the book. Out of nowhere a sedan came flying through without stopping and clipped my front end pretty hard. My truck spun partially into the curb. The other driver's car was banged up but he got out, walked around, seemed totally fine. No ambulance, no one taken away, he drove off after the cops finished.

Here's where it gets scary: my dad's insurance company just called and said the other driver is now claiming he has injuries. We have no idea what kind or how serious. My dad has a modest liability limit on his policy — definitely not in the "covers everything" range.

My dad is in his late 60s. He has some equity in his house and a retirement account he's been building for decades. I'm terrified that if this guy sues and wins a big judgment, they could go after those assets. I'm the one who was driving — I feel sick that my dad could pay the price for something that wasn't even my fault to begin with.

A few specific questions swirling in my head:

  • Can they actually go after my dad's house or retirement savings if the judgment exceeds his policy limits?
  • Does it matter that I was the driver, not him?
  • Should my dad get his own attorney separate from whoever the insurance company assigns?
  • Is there anything we should NOT be saying to the adjuster right now?

Any experience with this kind of situation would mean a lot. I feel awful and just want to protect my dad.

12replies

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12 replies

  • 20
    bold-wren-380

    I used to work the claims side and I want to give you a realistic picture. Late-reporting injuries are extremely common and adjusters are trained to evaluate them skeptically — things like whether there's medical documentation, when treatment started, whether it's consistent with the type of collision. A guy who walked around the scene and drove himself home has a harder credibility road than someone who was taken by ambulance. That doesn't mean the claim disappears, but it's not automatically a runaway train either.

    Also — whether your dad's personal assets are actually reachable depends heavily on state law and the type of assets involved. Retirement accounts in particular have significant protection in many states. Not saying don't worry, just saying the worst-case scenario you're imagining may not be as automatic as it feels right now.

  • 20
    plain-elk-727

    What does the police report actually say about fault? Did the officer note that the other driver failed to yield or ran the stop? That detail matters a lot here. If the report puts fault on him, the whole picture changes. If it's silent or ambiguous, that's a different conversation.

  • 18
    curious-swift-346

    A couple of practical things worth knowing: first, most states offer some level of protection on primary residences and retirement accounts from civil judgments — it varies a lot, so it's worth a quick free consult with a local attorney just to understand your state's rules. Second, when an insurance company assigns a defense attorney, that attorney technically represents the insured (your dad), not the insurance company — but their interests can diverge if the claim starts looking like it might exceed policy limits. That's exactly when having a separate personal attorney in your corner makes sense.

  • 14
    steady-seal-659

    Not legal advice, but since you asked directly: yes, in theory a judgment that exceeds policy limits can expose personal assets — but that's genuinely rare, and it requires a lot of steps to get there. The insurance company has a duty to defend your dad and to try to settle within limits. The more important question right now is whether your dad should consult a personal attorney (separate from the insurance-assigned one) just to understand his exposure. One consult call is usually worth it for peace of mind alone. Not legal advice.

  • 13
    gentle-stoat-917

    I just want to say — please don't beat yourself up too much. You stopped at the stop sign, you did the right thing, and someone else blew through it. You're being a really caring kid worrying about your dad like this. I hope it works out.

    • 2
      gentle-wanderer949

      Solid advice. Getting it in writing is the part most people skip.

  • 12
    patient-dove-018

    I was in almost the exact same situation — driving a family member's vehicle, other driver claimed injury after seeming completely fine at the scene. It is genuinely terrifying, especially when someone else's financial security feels like it's on the line because of you. What I'll say is: the claim being filed is not the same as a judgment being entered. There's a long road between those two things, and a lot can happen in between. Hang in there.

    • 7
      calm-grouse-460

      Three things: get a copy of the police report ASAP if you don't have one, note whether the other driver's failure to stop is documented anywhere, and do not post anything about this on social media — not even vague stuff. That last one trips people up more than they realize.

    • 8
      hopeful-survivor740

      Curious whether you did this on your own or had help with it.

  • 10
    plain-mole-333

    Stop talking to the adjuster beyond the basics. Seriously. Their job is to close the file for as little money as possible — which sounds good, but the way they do that sometimes involves getting recorded statements that can be twisted later. Be polite, confirm the facts of the policy, and let the process work. Do not volunteer extra information.

  • 6
    gentle-sparrow-991

    From a medical standpoint — soft tissue injuries can genuinely show up delayed, so I don't want to say the other driver is definitely faking. Adrenaline masks a lot at the scene. That said, the timeline and documentation of treatment matters enormously when evaluating these claims. If someone waits weeks to see a doctor, that gap gets scrutinized pretty hard.

    • 2
      careful-optimist877

      Curious whether you did this on your own or had help with it.