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Am I liable if my parent causes a car accident?

3 answers | Last updated: Aug 15, 2014
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Caring.com User - Joseph L.  Matthews
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Joseph L. Matthews is a Caring.com Expert, an attorney, and the author of Long-Term Care: How to Plan & Pay for It and...
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As an older adult's driving capabilities diminish, many adult children worry not only about the parent's safety but also about their own liability for damages from an accident the parent See also:
Dangerous Senior Drivers
causes. In general, adult children are not legally responsible for damages resulting from an accident caused by a parent. But there are some exceptions to this general rule. Here are the most common scenarios -- and how legal responsibility is determined in each.

  • Does providing my parent with financial support make me liable for his accident? The fact that you provide your parent with some or all financial support does not, by itself, make you legally responsible for the consequences of his actions, including driving a car. This is true even if he lives under your roof and you pay all expenses related to his driving, such as paying for the car or making car payments for him, or paying for insurance and gas. An exception can be if the car is registered in your name (see below).
  • Am I personally liable if I don't stop him from driving when I know he shouldn't? Whatever moral obligation you may have to your parent and others, you do not have a legal obligation to control your parent's driving of his own or someone else's car. (The story is different if you own the car; see below.) This is true regardless of what you know about your parent's physical condition, health history, driving record, and driver's license or insurance status.
  • Do I have any legal liability if I allow my parent to drive my car? If you let your parent drive your car -- meaning any car registered, leased, or rented to you -- when you know that his driving abilities are diminished or that he's not properly licensed, you may be liable for damages he causes in an accident. The laws about a car owner's liability for the accidents of another driver vary somewhat from state to state -- in some states, there's a monetary limit on the car owner's liability -- but in every state, you might be held legally responsible to some extent. To find out about the laws in your state regarding your potential financial liability for someone (whether your parent or anyone else) driving your car, contact the insurance agent or representative for your car insurance company. Ask what your potential liability is in your state as the owner of a car driven by someone else, and ask them to point out to you in your policy what insurance you have to cover it.
 

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InterestedReader answered...

Are you sure this answer is current and correct? I have been researching this very issue online and the answers I'm finding online do not appear to be as cut and dried as this answer implies. I'm seeing many instances where family member ARE being held liable.

Here is only one of the many statments I found online regarding this subject:

"If there has been a diagnosis of Alzheimer's, a victim of an accident will not stop their suit at the liability limit of the auto insurance. If prior knowledge of incompetence can be found, they can sue. Auto insurance will indicate you knew but did not tell them of the medical diagnosis, and you could be in the liability soup."

Thank you.

 

 
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