What will happen if my 23 year old son was at fault for an accident but he does not have a license or insurance and he was driving a car that is under my name?

I have full insurance coverage under my name.

Asked on November 7, 2015 under Accident Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are liable for your son's accident because you are the registered owner of the vehicle.  Your son will be cited for driving without a license or insurance.
Your insurance might deny the claim because your son was not an authorized driver on your insurance policy.  If that happens, you will be sued for negligence and will be liable for the property damage (cost of repairs to the other vehicle) and the personal injury claims of the occupants of the other vehicle.  The personal injury claims will include compensation for the medical bills, compensation for pain and suffering which is an amount in addition to the medical bills , and  compensation for wage loss.
If this lawsuit results in a court judgment against you in an amount you cannot afford to pay, it would be advisable to consider filing bankruptcy at that time.  Chapter 7 bankruptcy is straight liquidation which will eliminate the debt.


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