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Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 26418
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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car insurance. Parents let son drive car, son gets in a bad

Resolved Question:

car insurance. Parents let son drive car, son gets in a bad acccident. how much can they take from parents, after insurance can they go after home and retirement/
Submitted: 9 months ago.
Category: Personal Injury Law
Expert:  Roger replied 9 months ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney. Thanks for your question. I'll be glad to assist.
Customer:

Ok thank you Roger.

Roger : Parents are not automatically responsible for the damages caused by their child causing a traffic accident. As you mentioned, insurance coverage will apply to the accident, and that usually provides adequate coverage for the accident.
Roger : Most attorneys who sue over car wrecks are only looking to recover under the policy limits of the insurance policy, and don't attempt to seekk recovery over that amount -- mainly because most people don't have large sums of money or assets to pay.
Roger : Also, the injured party would have to pove damages in the amounts sought to be recovered, and that's usually difficult to do over and above policy limits as most policies have reasonably good coverage.
Customer:

my husband and i are nearing retirement. Our son wants to take our car for a trip. He is usually responsible, however i don't want to risk losing our home and retirement that we have been working on for over thirty years. His car is unreliable and we want him to be safe. If it were you would you let him use the family car or possibly help him rent a car I believe our policy limits are 1 million dollars

Roger : That said, a parent would be responsible for the acts of the child only if the parents were negligent in allowing the child to drive or if the parents contributed to the acts that caused the accident.
Roger : Here's a good link you can read that outlines the liability concerns, what has to be proven, etc.: http://www.legalmatch.com/law-library/article/parental-liability-for-automobile-accidents-caused-by-a-child.html
Customer:

ok thank you. what about rental, would that be a better option? I should add he is not a child, twenty five years old

Roger : That's not to say that you won't be sued - - because as the car's owner you likelyl would. However, being sued and being liable are two different things, and it's really unlikely that you'd be held responsible just because of that. There would have to be proof that you were negligent or contributed to the accident in some way.
Roger : Renting a vehicle is certainly an option and would allow you to keep out of any potential issues as he can purhcase insurrance for the vehicle being rented and woul keep you out of the situation.
Customer:

Ok, Thank you for your time

Roger, Attorney
Satisfied Customers: 26418
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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