What is our liabiltiy for our minor daughter’s car accident if she only had a learner’s permit?

She was living outside of our household under a mutual agreement while we provided financial support. Several months into the arrangement our daughter drove an automobile owned by that family and labeled as “the child’s car” the child was seriously injured in that accident. The child was a minor at the time with a full license and gave permission for our minor daughter with the learners permit to drive the vehicle. Are we liable? Are they liable? Can our assets and future earnings be attached? This is a nightmare the blessing is for today both girls are alive.

Asked on November 6, 2012 under Accident Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming you and your spouse have automobile insurance for the car that your daughter as driving you need to immediately let your insurance carrier know about the mishap and tender the defense of it to it.

Under the laws of all states in this country you and your spouse could very well be liable for the damages caused by your minor daughter even though she was not living at your home unless there was an order of emancipation as to her. I suggest that you consult with an attorney experienced in insurance law as well.

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