Legal Question in Personal Injury in California

Re: Who is responsible for my daughter, in case of accident?

The law rarely holds a person responsible for the actions of another person. Responsibility for the acts of another arises only when there is a special relationship between the person who did the act, the person being held legally responsbile and the person who is seeking recovery.

The relationship between stepfather and stepdaughter is usually not one which would make a stepfather responsible for the tort liability of a stepdaughter (the way that father or mother might be responsible for daughter). There is no relationship that I can think of between fiance and future stepdaughter which would support his liability just because of the relationshp (where there isn't some employment or principal/agent relationship).

However, there is a special rule contained in the Vehicle Code which makes a parent and anyone who signs the license application of a driver with a provisional license (under 18 years of age) jointly and severally liable for all of the damages caused by that minor when driving a car with the parent's or custodian's express or implied permission. (Vehicle Code Sections 17707 and 17708). Therefore, you would be liable to the same extent and for the same amount which your daughter would be liable for damage she causes when she is in an accident. A person obtaining a judgment against you for your tort liability arising from your daughter's accident might be able to reach some or all of your fiance's (once he is your husband) separate property assets {this is a separate issue which I won't deal with).

The answer to this connundrum? Make sure you have adequate insurance, with your daughter as a named insured when she has received her license! I know it is a tough pill to swallow - I have two teenaged drivers for whom I pay insurance. However, this protects YOU as well as them. Also, make sure your daughter understands how much responsibility comes with the fun of driving.

John Bisnar, www.bestattorney.com, www.aboutdogbites.com, www.seatbeltlaw.com, 800-956-0123.

Re: Who is responsible for my daughter, in case of accident?

Your boyfriend cannot be sued.