Legal Question in Insurance Law in New York

Liability for Divorced Father when Daughter starts driving.

I am a divorced father. I have joint custody of my 3 children. My ex has residential custody. My ex recently bought my 16 year old daughter, who has a junior license, a Jeep Cherokee. The vehicle is insured under my ex's policy, but my daughter is not listed on the policy. If my daughter was to have an accident with the vehicle, am I at all liable because of the joint custody issue? Or is it strictly go by the name on the insurance policy?


Asked on 6/16/03, 12:01 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Liability for Divorced Father when Daughter starts driving.

Since you do not own the vehicle you have no liability.

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Answered on 6/16/03, 12:09 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Liability for Divorced Father when Daughter starts driving.

The insurance runs with the household. She should be listed on your ex's policy though, as the terms of the insurance most likely demand it. If she is not, it's because your ex probably wants to save premium payments. However, to be certain that your child is covered in the event of a suit, get her listed.

Talk to an independant insurance agent about this. They are, in my humble opinion, better at placing coverage than a captive where only one insurance is sold and the people are essentially employees of that insurance carrier.

It appears however, that you should have no liability in this situation.

Good Luck.

RRG

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Answered on 6/16/03, 12:23 pm


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