Legal Question in DUI Law in Pennsylvania
DUI liability
My 21 year old daughter was arrested on a DUI. She also was arrested on underage drinking. I suspect that her license has been suspended, but she refuses to share many details of her case. Her car title is in her name and my name. We cover her car insurance. Do I have any liability because of this? If she was drinking and driving and hurt someone would I be liable in any way?
2 Answers from Attorneys
Re: DUI liability
Her license will not be suspended until after her case is resolved. In the united states you are innocent until proven guilty. If she is in an accident and its her fault, the other party may be able to go after her car, her insurance company and anything that she owns. You could be dropped from your car insurance or your car insurance rates could go up.
If no one was injured in the instant matter, perhaps your should be more concerned with her fighting this dui charge?
Good luck.
Brian
215.8255183
Re: DUI liability
Here's the deal: Parents are not automatically vicariously liable for the torts of their kids. However, they can be liable for negligent entrustment. Suppose you had a son, and he came over to borrow the car, and you knew (1) he had no license; (2) he was drunk out of his mind; and (3) he frequently had epileptic fits, then, whether he was your son or a busboy or a neighbor, you'd be liable for negligently entrusting the vehicle. So it depends on how negligent you were in entrusting. As for the DUI, you should retain private counsel to handle this problem right away. She may or may not be entitled to some form of probation, and it's possible she might not have to have her license suspended. Feel free to call (267.639.3105) or e-mail me directly at [email protected] for further information. All initial consultations are free. Feel free to call over the weekend; I'm in the office.
-Danny Cevallos
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