Legal Question in Insurance Law in California

nanny is unlicensed driver

What risk do I take allowing a nanny who does not have a driver's license to drive my son in her car? If he is hurt in an accident, will his health insurance pay, or would I have to sue her?

Asked on 4/26/08, 8:30 pm

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3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: nanny is unlicensed driver

Are you kidding? She neither has a driver's license or insurance?! Tell her to take your son where he is going -- on a bus.

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Answered on 4/28/08, 4:16 pm

Re: nanny is unlicensed driver

Two points:

1. You are risking injury or death to your son if she is not a competent driver.

2. Your nanny probably has no assets against which you can execute a judgment, so you will have little or no recourse financially against her if your son is injured.

As far as health insurance goes, however, it typically is not going to exclude coverage for the situation you describe.

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Answered on 4/28/08, 4:22 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: nanny is unlicensed driver

You would be using extremely poor judgment if you were to give your car to any unlicensed driver. Your child's injury would likely not be covered by your own uninsured motorist insurance; and you would be liable in unlimited amounts to anybody else that she hits under a legal doctrine called "negligent entrustment."

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Answered on 4/28/08, 4:22 pm

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