QUESTION
Can a parent be held responsible for a 20-year-old child living at the home if she is involved in an accident?
Asked on Nov 16th, 2012 on Personal Injury - Michigan
More details to this question:
I'd like to sell/give my older car to my 20-year-old daughter who lives at home and take her off of my car insurance and restrict her from driving my car. I want her to be responsible for paying for title transfer and getting her own insurance. My insurance agent claims I can still be held responsible because she still lives in my home.
6 ANSWERS
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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...and you're listening to an insurance agent for legal advice? If the car title is put in your daughter's name (which you can do if she's 18 or over) and if she is driving the car, you would not be responsible for accidents she causes. Ask your insurance agent to cite you to the specific statute which would make you responsible, and I'll be he'll hem and haw and not be able to do so. It sounds to me like he's just trying to sell you insurance you don't need.
Answered on Nov 20th, 2012 at 4:49 AM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Your insurance agent doesn't know the law because as long as you undertake the complete transfer of title, meaning taking yourself off the title and put your child on title, and have your child get his/her own auto liability policy than you would not be responsible for any negligence resulting in an accident. Even if your child were the sole owner and the vehicle were still on your policy, you would still not be liable, but obviously your carrier would still be responsible for indemnifying (paying claims for) any negligence act causing injury caused by your child. The key for potential liability is the ownership, as long as you remain on title you can be liable up to $15,000, unless you have some knowledge of your child's unfitness as a driver and then you could be liable without limitation on a negligent entrustment theory.
Answered on Nov 20th, 2012 at 4:44 AM
Steven D. Dunnings
Not if her name alone is on the car title and insurance policy. Maybe you should get a different insurance agent.
Answered on Nov 20th, 2012 at 4:27 AM
Dennis P. Mikko
If your child is the sole owner of the vehicle and insures the vehicle in his/her own name, you would not be responsible for any actions he/she may take with the vehicle.
Answered on Nov 20th, 2012 at 4:19 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Put the title and the insurance in the daughters name. if she is of full age she will be responsible. I don't think you have any responsibility at that time and I don't think your agent will tell you that you do. You may have misunderstood him.
Answered on Nov 20th, 2012 at 4:09 AM
Ronald A. Steinberg
Responsibility comes with ownership. If you give her the car, and the title is in her name then only she is responsible.
Answered on Nov 20th, 2012 at 4:00 AM