If I have at 25 year old son living at home who has his own car insurance, canI be held responsible if he has an accident and his insurance limitsbecome exhausted?

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If I have at 25 year old son living at home who has his own car insurance, canI be held responsible if he has an accident and his insurance limitsbecome exhausted?

I said as long as he lives home, are we liable? Do I need an umbrella policy on my house. My husband thinks we can’t be sued.

Asked on February 17, 2012 under Accident Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Once a child reaches the age of 18 they are of "majority age".  That is, they are now adults under the law and responsible for their own actions.  Accordingly, parents of adult children bear no legal responsibility for a car accident that their adult offspring cause (regardless of where their child may live). Therefore, the only way that you could be held liable for an accident that your son has is if the car he uses is registered in yours or your husband's name.

Note: Your liability in such a case would be because you are the titled owner of the car, not because you are his parents.   


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