Legal Question in Civil Litigation in California

Auto Accident Liability

My 18 year old daughter was at fault in an accident while she was driving my car. She is also covered under my insurance. Am I liable for any damanges beyond what my insurance will pay?


Asked on 3/30/07, 5:15 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: Auto Accident Liability

As Mr. Lynes stated, your maximum liability as the owner of the car is $15,000.00. I am assuming that you have this covered in insurance, since that is the minimum required policy in California (and most other states as well.)

If your daughter was acting as your employee, this cap will not apply, and you would be liable for more than $15,000.00.

Don't make the mistake my father in law did when Farmer's Insurance asked him to lie about his grandaughter being in his employ, to trigger more insurance. It was stupid.

Very truly yours,

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Answered on 3/30/07, 11:44 pm
Steven Lynes Lynes & Associates

Re: Auto Accident Liability

In California, absent some special relationship with driver (e.g. employer/employee) or a direct theory of liability against owner (e.g. negligent entrustment of vehicle), the owner vehicle is limited in liability to $15,000/30,000 per person/incident.

If you have insurance, your exposure as owner should be limited to the insurance. However, the plaintiff may try to come after you for amounts in excess of the policy limits on a direct liability theory -- for example, that you knew or had reason to know that your daughter was a dangerous driver and you negligently entrusted the car to her. However, even if such a claim is made and the alleged damages exceeds your policy limits, you nonetheless are entitled to a defense attorney through your auto insurance.

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Answered on 3/30/07, 6:10 pm


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