Legal Question in DUI Law in North Carolina

If you have an adult child who lives with you and they have a car wreck due to dwi and someone is killed, can the parents be sued? wondering in NC

Asked on 11/24/11, 7:54 pm

1 Answer from Attorneys

Clarke Dummit Dummit Fradin (Winston-Salem Office)

As a general rule in North Carolina the parents are responsible for up to $1,000.00 of any negligent action of a minor child, but not of an adult child. So under your circumstances you could not be sued.

If, however, you were negligent in some way separate and apart from your adult child, such as on a theory of "negligent entrustment" then there could be a separate cause of action.

However your insurance company may be liable to pay out a claim to cover the victim as that is regulated by state laws dealing with insurance coverage, and typically the policy covers anyone living in your house.

You should consult with an attorney with regard to your specific facts of the case.

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Answered on 11/25/11, 6:14 am

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