Minor son at fault in rear end

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Minor son at fault in rear end

My son was driving my mothers SUV, with only a permit. He rear ended a truck and the man is trying to sue my mother for 100,000.00. My mothers insurance wants my insurance information. What do I need to do to protect us?

Asked on October 20, 2017 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your son was at fault, which he almost certainly was if he "rear-ended" another car (the rear driver in a collision like that is almost inevitably held to be at fault, because he should have maintained safe following distance and paid attention and been able to stop in time), then there is no way to "protect" yourself. The parent of a minor at-fault driver is liable for the damage or injuries he causes; and the owner of the car whom he was driving is also liable, for letting him drive it. Thus, your mother and you are both liable. Your insurance and hers may pay for you; if it does not, if sued, you will have to pay out of pocket for any loses, costs, damage or injury which can be proven to have been caused by your son. (That is, the other driver can't simply get any number he wants; he must be able to prove the number and show how it was caused by the accident.)
 


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