Can i be liable for damage caused by my daughter in a car reg to me and prev wife while legally seperated she had cust of both

Asked over 4 years ago - Byron, GA

My wife and myself were in the process of divorce and I was under a temp order giving her custody of the children and forcing me to leave with personal belongings and one vehicle and ordered to pay support.I did not approve of our daughter driving and even flattened the tires of the car that she had previously driven..after I moved out ( i moved out in aug and wreck in jan) my daughter was driving and allowed a young driver ( with a learners permit only) to drive the car..all of this unknown to me (I had not seen her in five months).Now a civil action has been filed naming my ex wife ,myself and my daughter.I never gave consent for her to drive and was not in custody of her or the car at the time of the wreck..the action states states liable for actions / minor child but she was 18

Attorney answers (2)

  1. Benjamin Stephen Persons IV

    Contributor Level 8

    Answered . In Georgia, under the family purpose doctrine you can be held responsible for the negligent driving of your child if they were living in your household at the time of the collision and you had control over your child. According to the facts you have presented it sounds like you will not be held responsible, your ex-wife however, may be a different story.

    I would not build up too much anxiety about this. Except in the rarest of cases, a plaintiff's lawyer is trying to recover the value of the client's injury claim from the insurance company not you personally. Provided there are no coverage issues, the insurance company will hire you, your wife, and your daughter a lawyer to defend you in this suit.

  2. Edward Albert Smith

    Pro

    Contributor Level 10

    Answered . The law varies from state to state, but many cases hold the signatory on a minor's drivers license responsible up to a certain amount which is set by statute in every state.

    Good Luck.

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