QUESTION
Am I liable if I am listed as a person who can alter my elderly parents car insurance if there was a bad accident?
Asked on Nov 02nd, 2013 on Insurance - South Carolina
More details to this question:
My parents are elderly but one of them needs to have a car insurance policy so caretakers and my family visiting can use their car (they live in SC) to run errands/dr. appts for them. I am listed on their policy as someone who can make changes to the policy and keep the records. I am against my mother driving but I live out of state. She wanted to be on the policy as a driver in case she needs to (not all caretakers drive) get to the store or something. I called to add her to it because I have no choice as if I don't, she might drive anyway and I want to protect them, and others, by having her covered. If she gets into an accident, am I in any way liable since I called to add her as a driver and my name is on their policy as someone who can make changes?
1 ANSWER
Criminal Defense Attorney serving Charleston, SC
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Michael G. Sribnick, M.D., J.D., LLC
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This answer does not create an attorney/client relationship. I am a S.C. lawyer and board certified internist physician. If you wish to protect the public and believe she is unsafe to others, the better way to do this was to not place her on the road in the first place. I agree this is a difficult problem, but you could have spoken to your mothers physician. This physician could have explained to your mother that she cannot drive. You do not state whether or not you have a durable power of attorney making you your mothers conservator. If so, and it can be shown that you deliberately placed your mother on the road, knowing that she was an unsafe driver, you could be held responsible and liable. Again, I understand and sympathize with your predicament; but it could have been better handled by her physician.
Regards, I am
Michael G. Sribnick, M.D., J.D. Attorney at Law
Owner of Michael G. Sribnick, M.D., J.D., LLC
www.michaelsribnicklaw.com
Answered on Nov 03rd, 2013 at 6:58 PM