Legal Question in Personal Injury in California
My wife's son (not mine) is 20 years old, goes to college and lives with my wife and I. He is on my auto insurance policy. He recently went through a stop sign and struck a man on a bicycle. The man has been in the hospital for the last two weeks. I am quite sure that this person's medical bills will exceed the ammount the insurance company is willing to pay. If the injured person or his insurance company chooses to file siute in civil court agaist my wife's son, does it end there or can they come after me as well?
2 Answers from Attorneys
It depends on who is the registered owner of the car. If the son is the registered owner, you have no liability unless he was running an errand for you or was in some way connected to you such as working for you when the accident happened. If you or your wife are registered owners of the car, then there is statutory liability up to $15,000 for the owner under the California Vehicle Code. This should be covered by your insurance. Also, if you are the registered owner and the son had a bad prior driving history or was driving under the influence with your knowledge, you could have liablity over the policy limits.
If you have no ownership interest in the vehicle, then your adult stepson is solely responsible for the accident. The fact that you chose to put him on your insurance policy does not make you liable, although your insurance rates could increase dramatically.