What if My Son Had an Accident With My Car?
Under Florida’s Dangerous Instrumentality Doctrine, the owner of a motor vehicle who gives permission to another to drive their vehicle is legally responsible for any injuries or damages caused by the negligence of the permissive user.
The following is one of many car accident questions asked on avvo.com which attorney Mike Hancock answered.
What if My Son or Daughter Had an Accident With My Car?
Is a parent responsible for an auto accident of an adult child living at home? My 22-year-old son who lives at our home in New Jersey is temporarily in Florida living in a halfway house. He is in recovery from drug addiction. My son has asked to have the car he drove at home (which is in my name and under my insurance) transported to him in Florida (Delray Beach area). I checked with the halfway house and many of the residents do have cars. However, I have concerns that if he has an accident with my car and is at fault, that I would be held financially responsible.
If I sell/give my son the car and arrange to have the auto insurance in his name (I would still be helping him with the premiums), does that protect me if he has an accident with my car in Florida? I was going to still have the car registered in New Jersey since I don’t know how long he will be staying in Florida. I have heard from a couple of people (an insurance agent and an investment person) that I can still be held responsible even though the car and insurance are in his name because he still lives in my home, and right now I financially support him. Is this true? If the car and insurance are in his name am I financially protected? Also, is it better to have the car registered in New Jersey or Florida?
Attorney Mike Hancock’s Answer
A parent is not responsible for the negligent acts of an adult child because he is living in your home. In your scenario, the only way to impute liability on you, the parent, is if he injures someone while driving a car owned by you.
Florida follows the Dangerous Instrumentality Doctrine. Our state’s law considers motor vehicles as dangerous instruments. As such, public policy is going to hold the owner of the car just as liable as the negligent driver. They’ll still hold you liable even if there is no negligent entrustment. I could let you, the safest driver on earth, borrow my car. And in Florida, if someone is injured by your negligent driving then, I, as the owner, will be held liable. The theory of negligent entrustment assumes that you own the vehicle and entrust it to someone else. If you have no ownership interest in the vehicle, there is no negligent entrustment. Thus, there is no liability on you for any injury your adult son causes.
Do You Have More Auto Accident Questions?
The Dangerous Instrumentality Doctrine may find other auto insurance coverage available to you, to repay you for your lost wages and unpaid medical bills.
Questions about what auto insurance is available to you? Call (813) 915-1110 for your free, no-obligation telephone consultation with attorney Mike Hancock. Or reach us by e-mail. If we don’t recover money for you, you don’t pay us. Phones answered 24/7.
Updated January 10, 2022