Legal Question in Personal Injury in New Hampshire

car in liability

I live in NH where car ins is not required, if my son, age 18, gets in an accident (he lives with me) am I responsible?


Asked on 3/29/09, 10:33 am

1 Answer from Attorneys

Roger Turgeon Turgeon & Associates

Re: car in liability

One of the most common misconceptions is that NH does not require car insurance. I say "misconception" because, although the statement is technically correct, the NH "financial responsibilty law" says that you must EITHER have auto liability insurance OR have the financial wherewithall to post a bond in the amount of $25,000 cash in lieu of an insurance policy if you cause an accident. Unfortunately, most people who take advantage of the "NH doesn't require insurance" idea are those who do so precisely because they do NOT have $25,000 free cash available to post bond with. So my first advice is, get insurance on your car, especially if a younger/less experienced driver will be using it!!

That being said, the mere fact that your son might be driving your car does not automatically make you responsible for any accident he might cause, although there IS a legal presumption that anyone driving your car with your permission is acting as your "agent", such that you ARE responsible for their actions. This presumption is rebuttable, which means you are free to try to disprove it by proving the circumstances under which your son came to be driving your car, for example, it was just a favor to him, he wasn't doing any family chores, etc.

But again, why risk all that? You should get auto liability insurance.

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Answered on 3/29/09, 3:19 pm


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