Auto Accident Liability

[Jshep34 2425]

What does parent need to do to avoid auto liability of adult dependent? Would only transfer of car title do or should dependant carry thier own insurance policy?

[TwiceHorn 31996]

What is the nature of the dependence?  Generally, parents aren't liable for the torts of their adult children.  One exception would be "negligent entrustment," where vehicles owned by parents are loaned or "entrusted" to a child with a bad driving record, chemical dependence, etc.  So, not owning the car driven by the child is a good start.

The child should have his/her own insurance, but that's not going to create "excess" liability, that is, beyond the coverage limits of the policy, on the parents, unless they committed an independent tort, e.g. negligent entrustment.

It may be different if the parents are court-appointed guardians/conservators of the child.

 

 

[Zombie 284]

What Twice said. Transfer title to kid and have them get their own insurance to avoid negligent entrustment cause of action. Otherwise it's highly unlikely negligence could be extended to parent.

[Continental Op 3934]

If said adult dependent is female and hot I'm sure we can work something out regarding liability.

[Jshep34 2425]

Its our 20 year old son. Figuered we would have to transfer title and have him get his own car insurance. Just didnt know of there were any other alternatives. Appreciate the info

[DanRydell 799]

Is there a particular reason you're concerned about your liability? Your auto liability insurance will cover any wreck, whether its an action against your son (assuming your son isn't excluded from the policy) or against you for negligent entrustment. Unless you own real property other than your residence, pretty much anyone injured by your son would settle for the policy limits (plus any umbrella policy) anyway because the vast majority of people are judgment proof.

[C-Man 27693]

Changing the title is a start. What I’ve always been told is that as long as “child” is still dependent on parent — living at home, receiving substantial assistance while away at college — the parents would be legally liable. Splitting up the insurance doesn’t really make much sense until they’re off on their own unless there are extenuating circumstances.

[Player 4605]

13 hours ago, Jshep34 said:

Its our 20 year old son. Figuered we would have to transfer title and have him get his own car insurance. Just didnt know of there were any other alternatives. Appreciate the info

lilshep looks really young for his age. 

[Reagan1k 3042]

Unless you have underwriting challenges due to things like a DUI or assault, a big umbrella policy is cheap insurance.  Almost everyone with a home and any other assets should have one IMO. 

It may even wash out even or be a bit cheaper when you compare the cost differential of him having his own auto policy vs staying on yours.