Legal Question in Personal Injury in Virginia

Auto insurance and law suits

If a minor is on the parent/guardian's auto policy and the minor has an accident can the parent or guardian be sued also? Does it matter if the minor is on the auto policy or not?


Asked on 1/04/07, 7:30 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Auto insurance and law suits

In most states parents as a general rule can only be held civilly liable for the deliberate torts(civil wrongs)

of their children. Obviously the age,

education, general maturity, etc., are all factors which may play a role in these determinations.(Apparently, in the Commonwealth, there are cases where the parents of children as young as age seven have been held to be civilly liable where their children have deliberately acted to damage other persons or property).

However, all of the above notwithstanding, parents as a general rule are not civilly liable for the negligent acts, e.g., accidents, which their children may commit and which result in damage to other persons or property.

Therefore, the answer to your question

must generally be that, of course, such a parent could be sued(one can be sued for just about anything, but under applicable law would likely not be found civilly liable for the car accident damages caused by the minor in his or her charge.

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Answered on 1/05/07, 10:44 am


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