If my granddaughter lives with mebut owns her own car with her own insurance,canI be held liable if she has an accident?

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If my granddaughter lives with mebut owns her own car with her own insurance,canI be held liable if she has an accident?

Asked on August 29, 2010 under Accident Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

New York permits what is known as "stacking" of automobile policies.  "Stacking" means that if a party gets in to an accident and the coverage is not enough to cover the damages to the party injured, the injured party has the right to go against the other auto policies that are available in the same "household."  They are "stacked" on top of one another.  Her policy is "primary" and yours would be "secondary."  Her policy would have to exhausted to get to yours. So the short answer here is "yes", you can be held liable to some extent.  Make sure that she has sufficient coverage and not just the minimum required by law.  Good luck.


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