Auto Accident who is Liable

I'm not licensed in Florida so don't take this as legal advice. It's just discussion of a general principle.

Your son is an insured under your policy. If there is a claim for bodily injury or property damage which occurred as the result of his negligence, the policy will pay to defend the claim and will indemnify his obligation to pay if the risk is within the scope of the policy, up to the policy limits. If damages exceed the policy limits, the negligent person is on the hook for the difference.

He's an adult and it's his car and it's his conduct that's at issue. Unless you did something or omitted to do something you had a duty to do that caused the accident, you're not personally liable.

Just the general principle, not legal advice. I don't hold Florida licensure. If you need legal advice, please consult a lawyer licensed in Florida.

I am sorry to hear about your son's vehicular accident. I trust that he has recovered from the collision. With regard to your question, Florida law imposes liability upon an individual who has ownership or some identifiable property interest in the vehicle which was negligently driven by another. This legal principle is called "the dangerous instrumentality doctrine".

Based upon the facts you provided, your son is over the age of majority and the legal owner of the car which he operated at the time of the collision. The appellate courts have analyzed the potential vicarious liability of family members, i.e., parents, for the negligence of their children under the dangerous instrumentality doctrine. Essentially, the courts have held that the evidence necessary to hold a parent liable for a vehicular collision caused by the negligence of the parent's child, who is over the age of majority, is either legal title of the vehicle in the name of the parent (which is not the case for you) or an identifiable property interest in the motor vehicle.

The second component of this analysis is where there may be some debate as you have secured insurance for your son's vehicle possibly raising the inference that you have some property interest in the vehicle. Although it seems that such an argument, in light of the information you provided, i.e., the insurance was obtained in light of your son's status as a college student, is not particularly compelling, the issue will be predicated upon the facts underlying your procurement of your son's motor vehicle insurance. In short, the question will turn on whether the facts support a finding that you held some property interest in the vehicle such that the dangerous instrumentality doctrine applies to you.

I wish you, and your son, all the best. Should you wish to discuss this or any other legal issue, please feel free to contact me.

So long as the automobile is owned by your son, your liability is capped at the extent of your bodily injury coverage, if you have it. Unless catastrophic injuries resulted from the wreck, it is highly unlikely that a responsible and ethical plaintiff's attorney would attempt to get a judgment against your son beyond those limits. Nevertheless, report the wreck to your insurance company and insist they keep you and your son updated regarding the claim(s) and any resulting lawsuits. They will provide an attorney per the insurance contract. Good luck to you both.