We are in Florida. My step-daughter (20 year old college student, not living with us) rear-ended another car in an accident. The other driver (an about 30 year old man) claimed neck/back injury one day later. His car only received very minor damage. My step-daughter solely owns her car on the title but she is under my wife's insurance policy which has no coverage on Bodily Injury. My step-daughter had totaled 2 cars before this accident in the last 2 years. My name is not on my wife's insurance policy. Will I still be liable in a potential lawsuit which we have heard the other driver is contemplating? I greatly appreciate any advice.
Your wife should contact her auto insurance company, which you have indicated insures your step-daughter's vehicle. If your daughter is the sole owner of the vehicle, and does not reside in your household (i.e. she does not list your home address as her permanent address while attending college), and you have no equitable or beneficial interest in the vehicle, then a claim generally would not apply to you under Florida's dangerous instrumentality doctrine. As with every liability issue, the precise details matter, and I can only provide information based on the general nature of the question. Your wife will have to discuss these issues with her auto insurance carrier.
Being the owner of a policy of insurance does not make one liable; being the owner of the car involved in an accident, however, does. If your daughter's car is on the same policy with you or your wife, chances are the insurance company will raise your daughter's rates, at the very least, and maybe all of your rates.
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