What is the liability for the supervising passenger in an auto accident involving someone with a learner's permit?

The driver is 18+ years old with a learner's permit, the registered owner of the vehicle, and the primary policy holder on the vehicle. The supervising passenger is also 18+ years old, a licensed driver, but not a relative of the driver, nor is listed on the driver's policy. The supervising passenger was seated next to the passenger. Should the driver be at fault for an accident involving another party, how liable can/will the supervising passenger be should the other party file a claim for damages and will it make a difference whether the supervising passenger has insurance or not?

Los Angeles, CA -

Attorney Answers (5)

Robert Max Klein

Robert Max Klein

Car / Auto Accident Lawyer - Los Angeles, CA
Answered

Good question. Liability will depend on the facts of the accident. I have not researched this issue for some time, but my recollection is the supervising driver is not considered at fault, even if the driver is. Make sure to report this matter to the insurance carrier for the registered owner also.

George Costas Andriotis

George Costas Andriotis

Car / Auto Accident Lawyer - Tarpon Springs, FL
Answered

Liability would fall on the owner of the vehicle and/or insurer/s of the vehicle.

Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

The driver can simply report the accident to his insurance company to resolve.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Larry Van Roberts

Larry Van Roberts

Personal Injury Lawyer - Johnson City, TN
Answered

The law varies in different states. If every supervising driver was responsible when a driver with a learners permit had an accident, there would be no supervising drivers and nobody would ever learn to drive. My opinion? The supervising driver is not responsible. Contact a personal injury attorney in your area immediately.

This response is given solely as a general response to the question and does not create an attorney / client... more
Manuel Alzamora Juarez

Manuel Alzamora Juarez

Car / Auto Accident Lawyer - Berkeley, CA
Answered

Liability goes first to the driver and registered owner of the vehicle. Thankfully, he has insurance. If the supervising driver was negligent in some manner, and there was not enough insurance to go around, then he or his firm, he is a commercial supervisor, could also find himself a target of the lawsuit, specially if he was negligent in any way whatsoever. Specially, if he knew the driver was not ready to go to the highway. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.