If my daughter was in an auto accident and the vehicle is registered to me but I had no vehicle insurance, am I responsible for this or is my daughter?
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If my daughter was in an auto accident and the vehicle is registered to me but I had no vehicle insurance, am I responsible for this or is my daughter?
The other party’s insurance company sent me a subrogation claim.
Asked on June 11, 2013 under Accident Law, Idaho
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You are certainly liable, if you allowed her to use the vehicle (e.g. she didn't steal it); the owner of a vehicle is responsible for the actions of anyone using the vehicle with permission. If she is an adult, not a minor, she may be liable as well, since an at-fault driver can be held responsible even if she is not driving her own car; however, the insurer has the right to decide which of you to go after, and may have decided you are more likely to be able to pay. (You in turn could sue her, if you have to pay out, to recover what you pay.) If she's a minor, then she would not be liable, but you would be again, as the parent of a minor.
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