QUESTION

Can I insure 20-yr old son on my policy and not be liable for damages beyond coverage limits?

Asked on Jan 20th, 2013 on Personal Injury - Florida
More details to this question:
My 20-year old son has title to car but the car is insured on my policy. He lives elsewhere. If he causes damage in an accident, am I liable beyond insurance coverage limits?
Report Abuse

12 ANSWERS

Insurance Defense Attorney serving San Bernardino, CA at Ricks & Wear, PLC
Update Your Profile
No.
Answered on Apr 10th, 2013 at 2:11 PM

Report Abuse
Ronald A. Steinberg
Yes, an owner is responsible if the car was used with permission.
Answered on Jan 24th, 2013 at 10:20 PM

Report Abuse
Products Liability Attorney serving Miami, FL at The Law Offices of Sean M. Cleary
Update Your Profile
First you should talk with the insurance company about your concerns. They will surely clarify what is covered by your policy. If the amount of damages caused are higher then the coverage limit you may be liable and sued for the amount that exceeds your policy. An attorney is usually assigned by the insurance company to act in good faith on your behalf and protect your assets and try to settle the case within policy limits. Always keep your options open and discuss with an attorney, other then the one appointed by the insurance company, to pursue reaching a settlement between policy limits.
Answered on Jan 24th, 2013 at 9:11 PM

Report Abuse
Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
Update Your Profile
If title is in his name than you wouldn't have any liability for his negligence, but even if an argument regarding your liability could be made your policy would cover it.
Answered on Jan 24th, 2013 at 9:00 PM

Report Abuse
James Eugene Hasser
OK, I've faced this situation before, and although you really haven't given enough facts, I do want to address this, if nothing else, out of sympathy for you. I have 3 adult children and have had to deal with this personally as well. The first issue is whether you have an insurable interest in the car. Since you don't own it, it's questionable whether you can insure it. The next issue is whether your son's primary residence is with you. There's a case out there that held where the parents were divorced and the son was at school, residing in three places (Mom's, Dad's and school), that the son was only insured as a "resident of the household" under his primary residence. The Court held under the facts of the case that the son did not primarily reside at the father's house and his insurance policy did not provide coverage. Whether a child primarily resides one place or the other is a question of fact for a judge or jury to decide. You don't want to be in that situation, so I strongly advise you to talk with your agent and discuss coverage issues. If he or she says there is coverage, get it in writing. The safest thing may be to get him his own policy which you can pay for, but it will be in his name. Again, talk with your agent. The second part of your question asks about your personal liability for damages beyond the limits of the policy. If there is coverage, you will not personally be liable for any damages beyond the limits of the policy unless it is proved that you negligently entrusted your car to him. Since you are not on the title, that can't be. So, I don't believe you would have any liability.
Answered on Jan 24th, 2013 at 11:10 AM

Report Abuse
Thomas Edward Gates
No, he would be responsible. But, the plaintiff always looks for the deepest pocket and, thus you may be brought into the law suit. Also, if he is involved in an accident, it will affect your policy rate.
Answered on Jan 24th, 2013 at 11:09 AM

Report Abuse
Criminal Law Attorney serving Columbia, MO
2 Awards
No. You are fine.
Answered on Jan 24th, 2013 at 11:08 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Little awkwardness here. normally the ownber and operator of a car are liable in full. If you are not on the title at all I think any claimant would be able to look only to the liability carrier and your son, not you. remember, if your name is still on the title you have a problem.
Answered on Jan 24th, 2013 at 11:07 AM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
Can I be liable if - is one of the most dangerous and difficult questions for an attorney to answer, because it is difficult to predict all of the various scenarios that could give rise to liability. However, generally, having insurance does not create liability where it does not otherwise exist. Liability insurance merely provides coverage when you are liable for a an occurrence that is within the policy limits. Put another way, you analyze liability without reference to insurance. Insurance just provides coverage if you are liable. This is one reason in an auto accident case, you sue the at fault driver, and sometimes a parent or relative of the of the driver, not the insurer. Parents can be liable for their child's auto accident damages under a doctrine called the family purpose doctrine. If you are the head of a household and provide a vehicle to a family member for the use and convenience of the family, then you are liable for that driver's actions. It probably does not apply to an adult child who does not live with you, and certainly does not apply if your son bought the car or is paying for it (being a co-signer in my opinion would not qualify a s providing the car). Regardless of whether the family purpose doctrine applies to you, having him on your insurance would not cause you to be liable if you are not otherwise liable.
Answered on Jan 24th, 2013 at 11:07 AM

Report Abuse
Talk to your insurance agent. Under IN law you are not liable for your son simply because he's on your policy.
Answered on Jan 24th, 2013 at 11:02 AM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
From the fact presented, sounds not. See an attorney with details for a firm opinion.
Answered on Jan 24th, 2013 at 8:56 AM

Report Abuse
Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
Update Your Profile
If the car is in his name, you are not responsible.
Answered on Jan 24th, 2013 at 8:55 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters