Are we liable if our son has an auto accident after moving out but is still on our auto policy?

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Are we liable if our son has an auto accident after moving out but is still on our auto policy?

Asked on January 24, 2012 under Accident Law, Minnesota

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for submitting your question regarding whether or not you would still be liable for your son since he is still on your auto policy even though he is not residing in your home.  First, it is important that you are in compliance with the terms of your insurance contract, so that you can remain insured.  If your insurance company requires that all insureds reside in your home, then your son cannot be listed on your policy.  Some insurance companies will permit this and some will not.  Some people will attempt to do this scenario even if the insurance company does not permit it, to have a reduced insurance premium for their child, which is essentially committing insurance fraud.  But if your insurance company allows a child on the policy that is not residing in your home, then you are okay for the first factor.

However, if your son is listed on your insurance company, then like any other individuals listed on your insurance policy, you can be held liable for any at-fault accidents caused by your son.  Your son is paying a particular premium due to the rates factored in by the insurance risk of his parents, therefore, if he causes an accident, then you would be held liable for the accident.  You should not have anyone on your insurance policy that you would not accept liability for.  It does not matter that he does not reside in your home, as long as your insurance company permits him to be an insured on the policy without residing in your home, then you would liable the same as if he were residing in your home.

 


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