Legal Question in Personal Injury in Oregon

In Oregon, ordinarily, you would have NO liability for your son's negligence in a motor vehicle accident on the singular basis of being the policy holder. It's possible, I suppose, that if he had an accident in another state where such liability could attach, then you'd have some exposure, although I've not heard of such a thing. If any family member in your household is also on your son's vehicle TITLE, however, then theoretically, liability could attach under the "Family Car Doctrine," although since he doesn't live with you, it would be harder for a plaintiff to press that angle. It might depend on what state the accident is in.

If he had a terrible driving record and you bought the car for him after that, then there COULD be a "negligent entrustment" theory that a plaintiff might press, although I would think it a stretch for such a claim to get very far.

The BEST insurance for you AND your son against a claim is, of course, more insurance. Higher liability limits, that is. Spend less on collision (or get higher deductibles) and other bells and whistles, and spend the money on high liability limits -- as much as you can afford, and the same amount in uninsured/underinsured motorist coverage. I would inquire with your agent about an "Umbrella" policy as well. There is more about insurance in the Q and A section on my website, if you'd like to read more.

Best wishes,

Sam Hochberg

The fact that he is on your insurance policy does not make you liable for damages due to an accident he causes with his own car. You may be liable, however, if your son was acting on your behalf as your agent, employee, or servant at the time of the incident.

Disclaimer: I am a lawyer licensed in the State of Oregon, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney-client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.