If child gets into a car accident with car in parent's name is the parent liableMy son drives a car that is registered in my name. If he were to be at fault in an accident, can I be sued since the car is in my name? If so, what steps should we take to prevent this potential situation Attorney answers (3)
This answer is for educational purposes only.
I am a Maryland lawyer so you should verify that the law is the same in your state. Ordinarily a parent is not liable for a child's car accident. One common exception is for negligent entrustment. If a child has had several car accidents, serious tickets etc. such that the parent knew or should have known that the child was unsafe to drive then the parent could be liable for entrusting a car to the child. An even harder legal theory in the parent-child setting is to establish that the child was acting as the parent's agent at the time of the accident. With a teenage child the best way to deal with minimizing your risk is to speak to a good insurance agent. If your child is involved in a very serious accident most lawyers will explore any and all legal theories to hold the parents liable if there is not enough insurance. 6 people marked this answer as good
Add comment
Please note that I am licensed in New York and this is for general information purposes only.
Although I am not sure about the specifics of auto insurance law in Louisiana, I can tell you that in New York, you would be liable for vicarious liability/negligent entrustment of the vehicle to your son. The injured person may be able to sue your son as well as you, individually. Assuming your son is a legal adult, the best preventative measure is for him to purchase a vehicle in his own name and take his own insurance out. 8 people marked this answer as good
Assuming that your son is the only at fault party in the accident, a plaintiff will not likely be able to recover from you personally. However, if you carry liability insurance on the car in the wreck, that insurance will likely be accessible to the party injured as a result of your son's negligence.
Also, any other liability policies that list your/your son's car as a covered vehicle will be accessible to the injured party. If your son is sued and the case goes to trial, your son may risk personal exposure to an Excess Judgment if the available insurance is insufficient to fully compensate the injured party. If your son is at fault in a wreck, the insurance company will more than likely provide his attorney. However, if the vehicle is uninsured, you definitely need to speak to an attorney. Best regards, Michael L. Barras MichaelB@BarrasLaw.com http://www.BarrasLaw.com This message is in no way to be considered as legal advice and is for informational/entertainment purposes only. Michael L. Barras is liscensed to practice in the state of Louisiana. Find Defective & Dangerous Products Lawyers |