Legal Question in Personal Injury in Idaho

What if your over 18 year old son kills or seriously injuries another person while driving. Wife is worried that if our son that lives with us, ever has an accident that's his fault we could get sued because he lives in our house.

Asked on 10/19/19, 3:19 pm

1 Answer from Attorneys

Kurt Holzer Hepworth Holzer, LLP

That is not a fear based in the reality of the law. Liability law is based on responsibility your personal actions not someone else's actions. The only way you would have personal liability is under a theory of negligent entrustment. For example, if you know your son always drives too fast and does not pay attention and no reasonable person would let him take their car but you but you lend him your car anyway and he causes a wreck. Children living at home are not infrequently involved in collisions. Parents are not liable no matter if the child is 16 or 25. If you own the car you can be required to pay up to $25,000 if the driver of a car you own is in a collision and not insured. But it doesn't matter if thats your child or your neighbor or anyone else. Your child might also be "an insured" under your insurance policy. IN that instance your insurance might be required to pay but thats because your son is insured not because you have personal liability.

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Answered on 10/19/19, 5:03 pm

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