Legal Question in Personal Injury in California

18 year Old Driver

If your 18 child causes an auto accident is the parent legally responsible if they own the car?


Asked on 8/18/08, 5:28 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: 18 year Old Driver

The registered owners are responsible and liable for ANY driver they let use the car.

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Answered on 8/22/08, 2:08 pm
Stephen Petix Quinton & Petix

Re: 18 year Old Driver

In California a person who is 18 yrs of age is legally an adult. Therefore, a parent would not ordinarily be liable for the negligent driving of the child.

However, California law does impose liability on a parent who allows his child to drive the parent's car, if the parent knows that the child has had other accidents or is generally careless when he drives. This basis for liability is called negligent entrustment.

Similar liability could be imposed on the parent, if the child was running an errand specifically for the benefit of the parent, and at the parent's direction.

California law also imposes limited liability upon the owner of a car who allows someone else to drive his or her car, even if there is no reason to believe that the borrower will be careless. All that is required is to show that the owner gave permission to use the car to the driver. This statutory liability is limited to $15,000 (or at least is used to be--you should check with DMV on this number).

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Answered on 8/19/08, 5:59 pm


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