Legal Question in Personal Injury in Georgia
Who is liable for personal injury when 16yr old caused car accident and is ticketed. The 16yr or the parents.
2 Answers from Attorneys
Both.
In Georgia we have something called the "Family Purpose Doctrine." If the child is driving an auto owned by a parent (usually the father but it can be the mother at times) with that parent's permission, that doctrine applies. If the child is driving an auto owned by himself or someone else, the doctrine does not apply. Cases have gone to the appeals courts of this state on that question alone. For example, what if the car is really owned by the child (bought and paid for by the child and the child pays for all maintenance out of funds he earns himself) but is in the name of his father? As long as there is insurance on the vehicle sufficient to cover the damages it may not matter, but if not, it can really be a big issue.