QuestionSon drives car; registered owner is the dad; car insured by ex-wifes insurance policy; son lives with ex-wife and is 21 years old; Who is responsible if son is in an accident and hurts somebody?
AnswerHi Fred,
Unless the owner of the car (that is Dad) was negligent in entrusting the car to the driver (i.e. son drunk, reckless, etc.), the owner will not be liable in MOST states. Some states require the owner to insure the car, so even in those states the owner should be off of liability since the car was insured.
The driver of the car is the negligent party, and so he will be held to account. Next question is whether or not the driver and/or the car was insured. The answer is yes, so even in states wherein the owner can be held liable, in this instance he will not be inasmuch as there was insurance on the vehicle.
Hence, the only party that will be liable is the son, and his insurance will pay. If policy limits are exceeded can the victim come against the owner? As answered above, I do not see how.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
