What is my liability if my daughter borrowed my unisured vehicle and had an accident?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is my liability if my daughter borrowed my unisured vehicle and had an accident?

I am married but my car is in my name only. My daughter borrowed it. My husband canceled the insurance. I did not know this. My daughter was arrested for hit and run on vehicheles only. Can the other people’s insurer try to place a claim against myself and my husband?

Asked on July 30, 2014 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you allowed your daughter to take the car--either this time specifically; or you generally let her borrow the car--then you and your husband may be  liable if your daughter was at fault in any way in causing the accident (i.e. if she was driving carelessly in any way at all). The owners of a vehicle are liable, or financially responsible, for all damage and injury caused by someone whom they let borrow the vehicle.

If she stole the vehicle, you would not be liable--but you'd have to actually report the car as having been stolen to the police and follow through as if it had been stolen to have a chance of the claim that it was stolen being believed; and under the circumstances (your daughter; you did not report it as being stolen immediately; etc.), the claim might not be believed anyway. (And if she is a minor, you might be liable anyway for failing to supervise her properly.)

Since you do not have insurance, if you are  liable, you would be personally liable, with nothing to pay the judgment for you--though you would have the right to sue your daughter, if she is not a minor, to recover any money you have to pay out.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption