QUESTION

Will I be liable if my child gets into an accident?

Asked on Nov 11th, 2012 on Personal Injury - California
More details to this question:
Will I be liable if my child gets into a car accident? I have a 22-year-old son living with me and I am not sure how to provide a car or coverage in the event he would get into a car accident.
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8 ANSWERS

Ronald A. Steinberg
Consult with your insurance agent. If someone drives your car with permission, you are liable.
Answered on Nov 27th, 2012 at 5:57 AM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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You are not responsible for the negligent acts of your adult children. However, as the owner of a vehicle driven by your adult child, you may be liable up to the statutory maximum of $15,000 as owner, unless you had prior knowledge of your child's unfitness as a driver and in which case you may have liability under a negligent entrustment theory up to the maximum of your insurance policy. However, if the claim is worth more than your policy limit you could theoretically have personal liability over and above your policy assuming you have any assets beyond your insurance policy for the injured party to pursue. The bottom line is make sure you have enough insurance to protect your assets in the event of a significant incident.
Answered on Nov 14th, 2012 at 7:06 AM

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Thomas Edward Gates
Since your son is over 18 years of age, he would be liable and not you. Do not give him any money for this accident. To do so could be used against you since you are helping to cover the expense of the accident.
Answered on Nov 14th, 2012 at 6:46 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If you provide the car you are liable.
Answered on Nov 14th, 2012 at 6:35 AM

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If you own the vehicle, yes. Talk to your insurance agent and look at V&T sec 388.
Answered on Nov 14th, 2012 at 6:29 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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If you provide the car, you can be liable under a law known as the Family Purpose Doctrine. You should buy insurance accordingly. Even if the insurance is in your son's name, it will cover both our liability and your son's. When I say buy insurance accordingly, I mean buy what you think is adequate to cover whatever risk you think needs to be covered. Presumably, whatever liability coverage you have for your car would be appropriate, unless you think you are underinsured, or if you think your son is a much higher risk. However, the later concern might be an illusion. None of us are perfect, and although he might be more likely to get in an accident, there is always a chance you will too. It's kind of like lightening. You don't know where it will strike. Assume what will happen if either of you cause catastrophic damage, balance that with what you can afford, and insure yourself accordingly.
Answered on Nov 14th, 2012 at 6:27 AM

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Identity Theft Attorney serving Hernando, MS at Kittell Law Firm
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You would not be personally liable for your son's negligence in causing a car wreck unless there is some reason you know of that you should not entrust your vehicle to your son to drive. That would be called negligent entrustment and is a tort that an injured person could use to sue you directly. However, it is pretty rare to see that happen. You should just make sure you have plenty of insurance on the vehicle and make sure your son is included as a driver on the policy.
Answered on Nov 14th, 2012 at 5:48 AM

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Debt Collection Attorney serving Fresno, CA at Nunes Law, Inc.
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Look at Vehicle Code, Section 17151, link below, which may answer your question. http://codes.lp.findlaw.com/cacode/VEH/1/d9/1/2/s17151
Answered on Nov 14th, 2012 at 3:00 AM

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