Who is responsible for damages of a car accident if you're driving someone else car?

Asked almost 3 years ago - Brockton, MA

If my 18 year old daughter drives someones car and gets into an accident, can I get sued because she doesn't have her own policy and is on me and my husband's policy?

Attorney answers (4)

  1. Terrence Marc Rubino

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . i don't know MA law but unless there is something unusual: if your 18 year old driving someone else's car is at fault for causing a wreck, you should not be held personally liable because she doesn't have her own policy. auto liability insurance typically runs with the auto. the car she is driving will be primary and if she is covered under your policy it will probably be secondary. hope this helps. am sure there are avvo MA lawyers that can add/correct this if need be. good luck.

  2. William J Crowley

    Contributor Level 3

    2

    Lawyers agree

    Answered . If your daughter driving someone else's car gets into an accident, the first question is, whose fault was the accident? Assume it was her fault and therefore, she is responsible for whatever harm she caused. The second question is, whose insurance will cover her? To answer that, you must answer the question, was she driving the other person's car with the owner's consent? I will assume she was driving with the owner's consent. Then the owner's coverage on that car applies. You and your husband's policy will probably not come into play.

    One more thing. If her use of the other car might be considered "regular use", and she is not named on the policy of that car, coverage will be excluded, and there will be no coverage for her. Be careful that her driving another person's car that she is not a named operator on the policy is not so frequent or regular that the insurance company might argue that it comes under the "regular use" exclusion.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If your daughter was negligent, then she would be liable.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Marc Sean Hurd

    Contributor Level 16

    2

    Lawyers agree

    Answered . If your adult daughter gets in an accident that is her fault, while driving someone else's car, she is responsible for that. However, as other counsel have noted, insurance generally "follows the car", meaning that if the owner of the car your daughter was driving was covered by an applicable liability policy, then there is a very good chance that she too is covered by that policy as a "permissive user" under the policy definitions for "insured drivers."

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more

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