What is my liability if my daughter borrowed my unisured vehicle and had an accident?
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What is my liability if my daughter borrowed my unisured vehicle and had an accident?
I am married but my car is in my name only. My daughter borrowed it. My husband canceled the insurance. I did not know this. My daughter was arrested for hit and run on vehicheles only. Can the other people’s insurer try to place a claim against myself and my husband?
Asked on July 30, 2014 under Accident Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If you allowed your daughter to take the car--either this time specifically; or you generally let her borrow the car--then you and your husband may be liable if your daughter was at fault in any way in causing the accident (i.e. if she was driving carelessly in any way at all). The owners of a vehicle are liable, or financially responsible, for all damage and injury caused by someone whom they let borrow the vehicle.
If she stole the vehicle, you would not be liable--but you'd have to actually report the car as having been stolen to the police and follow through as if it had been stolen to have a chance of the claim that it was stolen being believed; and under the circumstances (your daughter; you did not report it as being stolen immediately; etc.), the claim might not be believed anyway. (And if she is a minor, you might be liable anyway for failing to supervise her properly.)
Since you do not have insurance, if you are liable, you would be personally liable, with nothing to pay the judgment for you--though you would have the right to sue your daughter, if she is not a minor, to recover any money you have to pay out.
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