Legal Question in Personal Injury in Maryland

Re: Accident Liability

If the accident occurred in MD, you're not personally responsible, but your insurance will cover this accident on behalf of your son. Unfortunately, unless you have surcharge protection on your policy, your premium will take a hit next time you are up for renewal.

If the accident happened in DC, the law there controls and that provides that the owner of a vehicle is liable if the driver was using the vehicle with the owner's permission. So in this scenario you do have potential liability beyond your insurance coverage. However, it sounds like the injured party is willing to accept the $100000 policy limit on your policy. If your insurance company pays up to the limit, they will get a full release of the claim for you and your son.

Re: Accident Liability

GENERALLY SPEAKING the owner of an automobile in maryland would not be liable for an adult childs's accident in the parent's car(it's titled to you) unless the accident occurred in DC or the child was employed by you or acting as your agent at the time of the accident or had an atrocious driving record when you gave him your car when you knew or should have known with his driving record he should not be on the road...

I strongly reccomend you retain an attorney to represent you in this matter at least to investigate the above scenarios....

Call me if you need legal representation.

Re: Accident Liability

Your son can be sued beyond the $100K policy that was in effect at the time of the collision. His insurance company has a duty to defend him up to $100K. They do not have a duty to defend him for any amounts claimed beyond $100K. Also, you may be subject to suit as well and in this regard the injured party would need to show your son was operating the vehicle as your agent. You are well advised to seek representation of an attorney.