Are my insured parents liable, as I am an excluded driver on their policy

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Are my insured parents liable, as I am an excluded driver on their policy

I was in an accident where my car clipped another cars open door on
a tight street, while they were parked in the red at the corner of
the street

Asked on October 11, 2018 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Who owns the car? The car's owner is liable for accidents that a permitted driver (which is basically anyone but a car thief, since if they did not steal your car, you let them drive it) in in, if that driver was at fault in causing the accident. If you clipped a stationary car's door, you would be at fault unless it was literally swung open as you were driving past it: it is negligent or careless to hit a stationary object. (Even if the street was "tight," if you didn't have the clearance, you should have waited for the door to be closed.) If the car was your parent's--if they are on the title (even if you are also on the title; i.e. they are co-owners)--then, they will likely be liable, since there was an at-fault accident by someone who wasa  permitted driver.
If they do not own this car, then if you are an adult (18 or over) and own your own car, they are liable. If you are minor, however, then they would be liable as the legal guardians of a minor who was in an accident.

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

Answered 3 years ago | Contributor

If your parents are the registered owners of the vehicle you were driving, they are liable for the property damage (cost of repairs) to the vehicle you hit.
If you are a minor and were driving a car for which your parents are not the registered owners, they will be liable.
If you are not a minor and were driving a car for which your parents are not the registered owners, they are not liable.


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