QUESTION

Will I be liable for my son’s car accident if the car is in his name, but he has no insurance?

Asked on Oct 19th, 2011 on Personal Injury - Florida
More details to this question:
My 25 year old son lives at home. He has a car in his name and no insurance. Am I exposed to a law suit if he has an accident?
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18 ANSWERS

Personal Injury Attorney serving Evanston, IL
3 Awards
Yes.
Answered on Jun 07th, 2013 at 12:06 AM

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Steven D. Dunnings
No.
Answered on Jun 07th, 2013 at 12:06 AM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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No, you are not liable for the damages your 25 year old son caused.
Answered on Oct 26th, 2011 at 12:11 AM

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So long as your name is not on the title and you are not driving you should not be held liable if he's in an accident and it's his fault.
Answered on Oct 24th, 2011 at 1:59 PM

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Family Law Attorney serving McDonough, GA at South Atlanta Family Law
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No. Your son is an adult and the fact that he lives with you does not transfer his liability to you.
Answered on Oct 21st, 2011 at 10:38 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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No, you are not liable if you have no ownership or possession of the car. Your son is an adult and is solely responsible even though he lives in your home.
Answered on Oct 21st, 2011 at 12:46 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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No, because you are not the owner of the car, unless you had access to it for 30 days or more.
Answered on Oct 21st, 2011 at 12:09 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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No. You would only be responsible if it was your car, used with your permission. It does not matter where he lives.
Answered on Oct 21st, 2011 at 12:00 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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No. You are not exposed.
Answered on Oct 20th, 2011 at 10:23 PM

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Assault Attorney serving Richardson, TX
2 Awards
The general rule is that you are not responsible for child after they become an adult. Check with a lawyer to see what applies in your situation.
Answered on Oct 20th, 2011 at 6:25 PM

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Insurance Attorney serving Spokane, WA at Law Offices of Bodey & Bodey
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The general rule, which is derived from the common law rule that an owner who permitted his vehicle to be used by another was not ordinarily liable for the negligence of the driver applied equally when the driver was a member of the owner's family. Thus, when the driver was insolvent, i.e. judgment proof or financially irresponsible, the family avoided responsibility unscathed for the injury to others arising out of the vehicle's negligent operation. As a result of these unjust results some states began to adopt statutes which allowed the owner liable for permissive use, and to stretch the principles of agency law to develop what we now know today as the family car or family purpose doctrine. Jurisdictions who have and now adopt the doctrine, holding that an on automobile owner is liable for the negligent use of the car by a member of his or her family when it can be revealed that the same automobile was purchased and or is maintained by the owner of the family for purposes of pleasure and convenience, and that it is at the time of the loss so being used, with the owners implied or express consent the liability imposed under the family purpose doctrine does not arise out of the familial relationship, but rather as a variant of the master servant relationship under the common law of agency. The Washington State Supreme Court set out the foundation for this concept very simply when they wrote that one who furnishes a vehicle for the customary use of members of his or her family, "makes the transportation of such persons by the vehicle his affair, that is, his business, and anyone driving the vehicle for that purpose with his consent, express or implied, whether a member of his family or another, is his agent." However, this agency justification for the doctrine has been, in a past, afflicted with the criticism as a legal fiction, and some courts have instead advanced policy arguments as their basis for the doctrine. However, if you find yourself in a jurisdiction in which the doctrine has been accepted, the plaintiff has the burden of establishing certain elements to demonstrate that this doctrine is applicable. Such elements include, and inquire if, the defendant actually owned, controlled or maintained the vehicle, as a family purpose vehicle, that the user was a member of the family entitled to that use, and that the actual use at the time of the collision was for a family purpose, under the general permission extended by the owner. What is significant about the aforementioned is the fact that the doctrine need not be applied if it can be demonstrated that the defendant is not a family member or in a familial relationship. Courts on the other hand have helped defined what a familial relationship or family relationship is by explaining that the operators and owners relationship is one of social status where there is also a legal or moral obligation of support, and there is a corresponding state of dependents for that support. Bear in mind that this doctrine has not been limited to vehicles owned by the head of the household solely. It has been applied to automobiles owned by mothers, sons, and daughters. Proof of registered ownership is not dispositive determinative of the applicability of the family car doctrine. Also note that it has been held in Washington State that the party sought to be held liable must have been an owner of the vehicle involved in the accident. In order to render the doctrine applicable, the plaintiff must show that at the time of the accident vehicle was being used for either the express or implied permission of the owner, and that there was no deviation from the permission granted. For example, if the permission was limited to using the vehicle only for going to and from a local convenience store and the collision occurred outside of that permission than permissive use will be in question. Provided your limited fact pattern, the answer is hard to provide. A full investigation, by sav
Answered on Oct 20th, 2011 at 5:05 PM

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Real Estate Litigation Attorney serving Newport Beach, CA at Fink & Abraham LLP
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If title is in his name, you are not liable. Fact that he is your adult son and lives with you is irrelevant for purposes of liability. If he were a stranger renting a room you would not be liable for the same legal reason.
Answered on Oct 20th, 2011 at 5:05 PM

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Civil Rights Attorney serving Irvine, CA
Partner at The Lampel Firm
2 Awards
No, probably not.
Answered on Oct 20th, 2011 at 4:58 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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No. tell him to stop the foolishness and buy insurance. If he should be sued after causing an accident DMV may take his right to drive until he pays a judgment and that could be forever for most folks. He may not want to pay insurance premiums but the price he will pay may be effectively out of his sight. (and he will ask you to bail him out).
Answered on Oct 20th, 2011 at 4:53 PM

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Bankruptcy Chapter 11 Attorney serving Dacula, GA at Chronister Law Firm, LLC
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If you are not the owner of the car and do not insure the vehicle, then from that aspect, you should not be liable for your son's accident; he is no longer considered a minor. One thing that comes to mind however is the home. If your son has any ownership in the home and a judgment is rendered in favor of the other party, then the home could have a lien placed on it to attempt to secure their judgment. Otherwise, you should not be considered a party an accident caused by your son's actions. As a side note, your son could face fines if he is found driving a vehicle without insurance (in most states). Have him review your state's laws concerning automobile insurance and try to get the amount stated in those laws.
Answered on Oct 20th, 2011 at 4:50 PM

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Truck Accidents Attorney serving Indianapolis, IN
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No you are not legally responsible for the damages caused by your adult son. It does not matter that he lives at home.
Answered on Oct 20th, 2011 at 4:39 PM

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General Practice Attorney serving Woburn, MA at AyerHoffman, LLP
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Your son is legally an adult. He is responsible for his own actions. You are not liable.
Answered on Oct 20th, 2011 at 4:38 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Nope. Only the driver and the owner if the owner has given the driver permission to drive the car.
Answered on Oct 20th, 2011 at 4:30 PM

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