[WSBAPT] Estate liability for uninsured driver?

[Mark Anderson]

Alas, I concur.  😊  Better to avoid the exposure completely rather than just having a defense.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: 11/09/2023 3:17 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Estate liability for uninsured driver?

Alas, not being found liable and having to spend a lot of time and money on a defense are definitely 2 different things.  Since spending more time in the court what I’ve come to realize is that people can sue for anything and judges are hesitant to award attorney fees.

Please note that I will be out of the office starting December 4, 2023 until approximately December 18, 2023 for medical reasons, with little to no email for the initial few days.  If you need immediate assistance, please call 509-455-5300 and ask for Sandy Saty.

Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Genissa Richardson
Sent: Thursday, November 9, 2023 12:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Estate liability for uninsured driver?

Thank you Mark. This is very helpful.
Genissa Richardson, Attorney at Law
True North Legal Services, PLLC
301 Prospect St., Bellingham, WA 98225
PO Box 934, Bellingham, WA 98227 (mailing address)
Phone (360) 639-3393
U.S. Coast Guard Veteran

NOTICE OF UNAVAILABILITY:
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On Thu, Nov 9, 2023 at 12:03 PM Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>> wrote:
Dear Genissa:

I think it would be appropriate to collect and retain as much evidence as you can that the Estate did not give permission for the vehicles to be used at all by anyone.  This would include all communications with the Decedent's children and grandchildren.  To that end, I recommend following up with a strongly worded letter or email to the Decedent's children and grandchildren specifically stating they do not have and that at no time did they ever have any permission from the Estate to use any of the Decedent's vehicles.  I realize this may be trying to close the barn doors after the cows have escaped but it is still good to memorialize the fact that there was never any permission given by the Estate for anyone to use the vehicles.

If the vehicles are proven to have been used without permission, then I can see no liability of the Estate in the event, for example, that the vehicle is involved in a collision.

I also recommend that you contact the auto insurance carrier to explain the situation and see if they have any comments on steps that might be taken to protect the Estate from liability.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Genissa Richardson
Sent: 11/09/2023 11:26 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Estate liability for uninsured driver?

Listmates,

Am I correct in thinking that an estate can be held liable if a child or grandchild of the decedent commandeers one of the decedent's vehicles and is driving around uninsured?

Here's my hypothetical fact pattern:

One of the decedent's children is squatting in the home (working on an ejectment) and driving one of the vehicles without insurance or permission from the PR. The PR lives out of state, so it's not as easy as showing up here and taking the keys.

The decedent's other vehicle has been commandeered by one of the decedent's grandchildren and has been driven several states away, again without insurance and without the PR's permission.

All this took place before we could get the PR appointed. The unauthorized drivers may end up getting these vehicles as part of the estate administration process (parties may negotiate TEDRA for terms slightly different than the Will) but it's WAY too soon to know for sure and it doesn't change the fact that the titles (which can't be located) are still in the name of the decedent and neither person has insurance (at least I'm pretty sure they don't).

Both drivers have been told by PR to cease use of the vehicles and return them to the decedent's home, to no avail. Does a strongly worded letter from the estate attorney putting them on formal notice of their wrongdoing help to reduce potential liability to the estate?

PR would prefer not to report the vehicles stolen. Is there a less severe alternative the PR can take to protect the estate?

Any input is appreciated.
Genissa Richardson, Attorney at Law
True North Legal Services, PLLC
301 Prospect St., Bellingham, WA 98225
PO Box 934, Bellingham, WA 98227 (mailing address)
Phone (360) 639-3393
U.S. Coast Guard Veteran

NOTICE OF UNAVAILABILITY:
I am out of the office and unavailable the following dates:
December 22nd, 2023 - January 1st, 2024
January 17th - 29th, 2024

The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain proprietary, business-confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review, retransmission, distribution, reproduction or any action taken in reliance upon this message is strictly prohibited. If you received this in error, please contact the sender and delete the material from all computers.
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