Legal Question in Insurance Law in Nevada

Liability?

As a father of a 16 year old son that lives with me do I have any liability for damages/injury he might cause with a car he owns and has his own insurance for?


Asked on 2/01/06, 9:43 pm

2 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: Liability?

Of course.

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Answered on 2/01/06, 11:02 pm
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Liability?

A parent may be held liable for the damages caused by a minor child under most all circumstances. This is particularly true of any intentional misconduct of the child, as detailed in NRS 41.470:

"1. ...any act of willful misconduct of a minor which results in any injury or death to another person or injury to the private property of another or to public property is imputed to the parents or guardian having custody and control of the minor for all purposes of civil damages, and the parents or guardian having custody or control are jointly and severally liable with the minor for all damages resulting from the willful misconduct.

2. The joint and several liability of one or both parents or guardian having custody or control of a minor under this section must not exceed $10,000 for any such act of willful misconduct of the minor."

Especially where the minor's driving is concerned, NRS 483.300(2) provides, specifically, "...any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway is imputed to the person who has signed the application of the minor for a permit or license and that person is jointly and severally liable with the minor for any damages caused by such negligence or willful misconduct."

Recognize that if the misconduct is an insured event (e.g., usually insurance will NOT cover intentional bad acts), the insurance kicks in before any of your personal assets are exposed to the claims for damages. I ALWAYS recommend to my clients with new drivers in the house that they obtain more than the statutory minimum coverage amounts for their youngster's liability, as fewer and fewer claims are fully covered by the $15,000 minimum.

My best advice of all, though, is for parents to raise responsible children who learn from the start that they must conduct themselves with due care and prudence to avoid causing injury to others. Teach him right, Dad. There always will be accidents, but make certain you have (he has) adequate insurance coverage for the realities of our modern world.

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Answered on 2/02/06, 11:46 am


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