Who is liable if my common law wife’s son was in a accident?

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Who is liable if my common law wife’s son was in a accident?

He hit a car while riding his bike. The accident report shows him at fault. The damage to the car was over $2,000. He lives with us 80% of the time while 20% is spent with his father, who gets to claim him on his taxes per divorce agreement. Since I am not his legal guardian and by law not responsible for him, does the claim still need to come out of my homeowners insurance?

Asked on June 14, 2012 under Accident Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, your common law wife's son is primarily responsible for the accident that he was involve din and all damages resulting from it. If he is a minor, then your common law wife as his mother and the child's biological father are responsible for the damages.

You can make a claim regarding the incident to your homeowner's insurance policy but I doubt that there will be coverage since the incident that you are writing about does not seem to have happened upon your property.


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