The daughter is living at the parents home, but is paying rent for the use of the home. The car she is driving is in her name.
No, as long as the child was not under the age of 18 at the time of the accident. Also, since the daughter is the owner of the car, there cannot be a claim for negligent entrustment. Unless there is something more involved in the facts that is not posted, then the parents are not at risk of being sued.
This daughter is of majority age. Since she owns the car, I do not see where you would have any cause of action against the parents. You need to file your claim with your uninsured motorist carrier or sue this individual in the appropriate court.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Anyone can be sued for anything in this country. The question is, really, whether or not there is any potential legal liabiity for the parent of the 18 year old household resident. If it was her car in her name, the answer is no, parent/homeowner cannot be liable. If the car was "insured" under the parent's auto policy and/or if the 18 year old daughter was a "named insured" on the parent's auto policy, then yes, they can/will be sued for the insurance coverage. Homeowner's coverage will not apply. Good luck.