Legal Question in Insurance Law in Georgia

Parental Liability

I have an 18 year old son who has his own auto insurance policy.This policy is with a different insurance company than I use. He does live at my home.

He has Liability only on a paid off car that I own and is in my name.

If he has an accident, do I have any liability?

Should I transfer the title into his name?


Asked on 3/22/04, 9:11 am

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Parental Liability

Something about your question doesn't entirely add up. In Georgia, the owner is required to maintain liability insurance on any vehicle operated on the road. That is you. So, you run some risk that if he gets stopped for any reason, you could end cited for failure to maintain proof of financial responsibility on the vehicle. This could subject you to criminal charges, fines and suspension of registration.

On the liability side, since he is over 18, your main liability concerns if you are not driving it are "negligent entrustment" (letting him drive it drunk, etc.)and negligent maintenance (if a mechanical problem causes a failure and injury to a 3rd person). All in all, you both might be better off here if you take out the policy, put him down as a covered driver, and have him pay the premiums, or transfer ownership of the car to him.

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Answered on 3/22/04, 7:05 pm


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