Can I be sued if my son has a car accident in his own car?
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Can I be sued if my son has a car accident in his own car?
My son is 18 and lives at home with us. He owns his own car and the title of the car is in his name and he pays for his own auto insurance policy. If he were involved in an auto accident involving personal injury to the other driver or passengers, can we as his parents be sued?
Asked on January 30, 2012 under Personal Injury, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since your son is eighteen, legally he is considered to be an adult. Since he is the registered owner of the car and has his own insurance, you should not be liable if he is at fault in an auto accident. Your son's liability in a personal injury claim by the other driver or passengers in the other driver's vehicle would include compensation for the medical bills, compensation for pain and suffering and compensation for wage loss. Compensation for the medical bills is straight reimbursement. Compensation for pain and suffering is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. If the case is settled with your son's insurance carrier, NO lawsuit is filed. If the case is NOT settled with the insurance company, a lawsuit would be filed against your son for negligence if he caused an accident. Your son's insurance carrier will provide him with an attorney at no cost to him.
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