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