my son who is 18 was the driver under my car insurance and was in an accident the passenger filed claim against my car insurance

I do not practice law in your state but generally speaking you can be exposed to personal liability if the damages sought against you in an accident which is deemed your fault are more than your insurance coverage. Please contact your insurance company and advise them of the accident. Most insurance companies have a 24 hour hotline to report claims. Fully cooperate with your insurance company and assist them the best you can with your defense. Your insurance company, depending on the type of insurance you purchased, may provide you with an attorney to defend you and your son. If you find out that you do not have the type of insurance that will provide an attorney to defend you, please contact a local attorney for help. I wish you the best.

Probably not, unless somehow you negligently entrusted the vehicle to your son and have become personally liable. (Negligent entrustment can arise when you loan your vehicle to someone who you knew or should have known was not competent to drive the vehicle i.e. the driver was drunk or had a serious history of reckless driving , etc.)



Legal Disclaimer:

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 insure proper advice is received.

I can only provide general information because I am not licensed in NY. Your son is the age of majority and it appears that he is an insured under your policy, so he would have liability insurance up to the limits of the insurance policy.

Florida is the only state that will hold the owner of a vehicle liable for a driver's negligence without negligence on the owner's part. If your son has a good driving record and was simply negligent in causing the accident, you as the owner, probably do not have exposure. However, your son may have exposure if the person(s) was seriously injured.

You should discuss these issues with the insurance agent.

Good luck