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Started By
Message
OT Lawyers - a question about liability
Posted on 10/18/24 at 4:13 am
Posted on 10/18/24 at 4:13 am
Both of my kids are over 18. They both have cars, but the cars and insurances are in my name. Could I be sued for an accident they get into?
I know if they are minors I could be, not sure about now. I got to protect my room full of tchotchkes and whatnots.
I know if they are minors I could be, not sure about now. I got to protect my room full of tchotchkes and whatnots.
17
Posted on 10/18/24 at 4:20 am to theantiquetiger
I’m not a lawyer, but I did stay at a Holiday Inn Express last night….
I am fairly certain in the State of Georgia, parents are not liable for a child’s car wreck unless they knowingly let them drive when there is an underlying reason they shouldn’t be driving
I am fairly certain in the State of Georgia, parents are not liable for a child’s car wreck unless they knowingly let them drive when there is an underlying reason they shouldn’t be driving
Posted on 10/18/24 at 4:27 am to IT_Dawg
quote:
I am fairly certain in the State of Georgia, parents are not liable for a child’s car wreck unless they knowingly let them drive when there is an underlying reason they shouldn’t be driving
I do know a friend whose son got into a wreck at 16, killed a lady. They came after his 401K. I’m not sure of the final decision, but it cost him a ton of lawyer fees.
This post was edited on 10/18/24 at 4:30 am
Posted on 10/18/24 at 4:45 am to theantiquetiger
Once they’re legal adults your no longer liable for them unless you have a negligent entrustment issue.
which is more than just giving your kids who’s been in 3 accidents a car.
which is more than just giving your kids who’s been in 3 accidents a car.
Posted on 10/18/24 at 4:47 am to theantiquetiger
Unless there was tort reform I don't know about, in Louisiana they can and most certainly will come after you if Gordon has anything to do with it.
Posted on 10/18/24 at 4:52 am to theantiquetiger
Where do you live? If your name is on the title then that is bad in most states. In FL you are 100% getting sued if your kid hurts someone
Posted on 10/18/24 at 5:04 am to TheOcean
quote:
Where do you live? If your name is on the title then that is bad in most states. In FL you are 100% getting sued if your kid hurts someone
I’m in Louisiana, but my kids are adults now, that’s my question, am I still on the hook since the cars are in my name.
Posted on 10/18/24 at 5:41 am to theantiquetiger
I had a similar issue. My mom borrowed my spare vehicle and got in a wreck. The guy that she hit sued her insurance, her personally, my insurance, and his own uninsured motorist insurance. He couldn’t sue me personally.
Posted on 10/18/24 at 5:47 am to theantiquetiger
quote:
Could I be sued for an accident they get into?
Yes. As the vehicle owner and as the named insured if they cause an accident and suit is filed you will 100% be named.
Posted on 10/18/24 at 5:51 am to theantiquetiger
quote:
the cars and insurances are in my name. Could I be sued for an accident they get into?
Of course. You’re the owner and insured.
Posted on 10/18/24 at 5:54 am to diat150
quote:How bad was said wreck?
I had a similar issue. My mom borrowed my spare vehicle and got in a wreck. The guy that she hit sued her insurance, her personally, my insurance, and his own uninsured motorist insurance. He couldn’t sue me personally.
Posted on 10/18/24 at 5:54 am to theantiquetiger
Once the child is an adult,your exposure is governed by the facts of the matter,not strictly your ownership of the vehicle. If the driver is engaged in a work mission for you, there i# exposure to liability. If you knowingly allow the driver to use the vehicle under circumstances where you should not (ex. Impaired driver), you have exposure.
Now, just because you own a car involved in an accident doesn’t mean you have risk of liability,but it does increase the risk you may be named a defendant in a legal claim.
Now, just because you own a car involved in an accident doesn’t mean you have risk of liability,but it does increase the risk you may be named a defendant in a legal claim.
This post was edited on 10/18/24 at 5:57 am
Posted on 10/18/24 at 5:56 am to theantiquetiger
quote:
but the cars and insurances are in my name. Could I be sued for an accident they get into?
In today's society they would 100% include you in any litigation and try to get everything they could get. What sucks is that they're case is contingent where you'll have to pay all your legal fees along the way.
Posted on 10/18/24 at 6:01 am to TheSadvocate
His insurer will be responsible for the legal fees incurred in his defense.
Posted on 10/18/24 at 6:26 am to theantiquetiger
Umbrella policy FTW. Not very expensive and is nice protection against the lawsuits. Or at least that's what my insurance guy said.
Posted on 10/18/24 at 6:55 am to theantiquetiger
You could be sued, sure, because you could be sued for anything. Especially because LA just got rid of direct action. But are you liable is the question, and the answer is no.
The insurance may be in your name, but your kids become an “insured” under the terms of the policy, and the policy will pay for the negligence caused by an “insured”. YOU are not liable for anything (absent some separate claim of negligent entrustment, which is difficult to prove).
The insurance may be in your name, but your kids become an “insured” under the terms of the policy, and the policy will pay for the negligence caused by an “insured”. YOU are not liable for anything (absent some separate claim of negligent entrustment, which is difficult to prove).
Posted on 10/18/24 at 6:57 am to theantiquetiger
quote:
I got to protect my room full of tchotchkes and whatnots.
Don’t forget about your thingamajigs and howyoucallits.
Posted on 10/18/24 at 7:00 am to theantiquetiger
Yes absolutely if those vehicles are insured on your auto policy you and your auto insurance policy are responsible for damages those cars cause. I would advise to have them insured on their own insurance policy in their name source I am an insurance agent
This post was edited on 10/18/24 at 7:02 am
Posted on 10/18/24 at 7:01 am to TheSadvocate
quote:What does this even mean?
What sucks is that they're case is contingent where you'll have to pay all your legal fees along the way.
Posted on 10/18/24 at 7:52 am to NaturalBeam
quote:
What sucks is that they're case is contingent where you'll have to pay all your legal fees along the way.What does this even mean?
That someone suing you doesn’t have to pay out of pocket for their lawyer. The lawyer takes a percentage of any judgment or settlement for their fee. If you get sued, you or your insurance company has to pay a defense lawyer out of pocket by the hour usually.
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