Legal Question in Personal Injury in California

Auto accident by insured 18 yr. old

My son was driving and the car in front of him pulled over to the right and stopped then made a U-turn right in front of him and they crashed. Come to find out the driver of the other car is uninsured, 18 yrs old and still living at home with mom and dad. The unsured driver has no income or assets. My question is: Can the parents be held accountable for the damage to my sons car because the adult child is still being supported by his parents? I believe the car is in the 18 yrs. old name.


Asked on 8/06/03, 12:18 am

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Auto accident by insured 18 yr. old

The parents may not be held liable on that theory, but perhaps on negligent entrustment of the vehicle. Further investigation of the actual ownership of the car would be required.

Read more
Answered on 8/07/03, 8:12 pm
Paul Trump, Esq. Law Office of Paul D. Trump

Re: Auto accident by insured 18 yr. old

Unfortunately the parents cannot be held liable simply because their child lives at home. If he has had prior accidents/tickets/etc., there could be an issue of negligent entrustment and then liability. Furhter research into the facts is required. Regards, Paul Trump, Esq.

Read more
Answered on 8/07/03, 11:14 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Auto accident by insured 18 yr. old

I read the other attorney responses. If the driver was 18 and he was the registered owner, unless it can be shown that the parents have an ownership interest in the car, you are out of luck. Obviously the next question is; Does your son have Uninsured Motorist Coverage on his policy? If so, you can collect on that. Give me a call at 818-427-6246 and we can talk about it.

You might also want to check your insurance to see if you have med pay. Often times you can collect on that as well. Make sure your son files a SR-19 with the DMV to get the other driver declared uninsured. He may lose his license to drive!

Read more
Answered on 8/11/03, 8:06 pm
Dieter Zacher Law Offices of Dieter Zacher

Re: Auto accident by insured 18 yr. old

If the person is 18 years old he is an adult. There would be no liability of the parents for the acts of a minor because he is no longer a minor. Regarding the ownership of the vehicle, if the parents have an ownership interest in the vehicle, then, their insurance, if any, or themselves alone would have liability limited to $15,000. Also, if the parents allowed the vehicle to be used and they "negligently entrusted" the vehicle to their son, that would be potential liability over the statutory limit. Good luck and thanks for inquiring.

Read more
Answered on 8/08/03, 2:46 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California