Legal Question in Insurance Law in Florida

Would Florida attorneys please respond to this question as well...

My 22-year-old son who lives at our home in New Jersey is temporarily in Florida living in a half-way house in recovery from drug addiction. He has asked to have the car he drove at home (which is in my name and under my insurance) transported to him in Florida (Delray Beach area). I checked with the half-way house and many of the residents do have cars. However, I am concerned that if he gets into an accident and he was at fault, that I would be held financially responsible.

If I sell/give my son the car and arrange to have the auto insurance in his name (I would still be helping him with the premiums), am I protected should he get into an accident in Florida? I was going to still have the car registered in New Jersey since I donít know how long he will be staying in Florida. I have heard from a couple of people (insurance agent and an investment person) that I can still be held responsible even though the car and insurance is in his name, because he still lives in my home and right now I financially support him. Is this true?

If the car and insurance is in his name am I financially protected? Also, is it better to have the car registered in New Jersey or Florida?

Asked on 10/03/13, 9:27 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

The driver and owner of car are responsible for any negligently caused damages. Unless there is a joint venture between you and your son involved in the movement of the car at the time of accident, no one else should be responsible in Florida other than him. This does not and cannot address NJ law as I don't know that law. The car is better in his name in Florida and insured by him. Your payment of insurance alone should not create joint venture, but you could simply add yourself to the policy as an additional insured and that way you are covered also by the policy.

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Answered on 10/03/13, 9:43 am

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