Legal Question in Insurance Law in Pennsylvania

Child's liability re: auto insurance

If my adult child lives with me but maintains his/her own auto insurance policy, am I at any risk if my child injures a third party, and if so, to what extent?


Asked on 1/21/01, 1:54 am

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: Child's liability re: auto insurance

You're talkign about vicarious liability, that is, being sued for someone else's negligence.

Parents are not automatically liable for their kids actions, as a general matter, even when minors. There are some exceptions, like negligent supervision -- i.e., if you host a beer party for high schoolers.

In auto cases, in Pennsylvania, a car owner is not liable if they loan their car to someone who then has an accident, UNLESS:

1. Negligent entrustment -- say, lending the car to someone who is unfit to drive.

2. Agency -- you ask your son to pick up your dry cleaning: if he's your agent, they you might be responsbile.

(NOTE: other states have a "dangerous instrumentality" theory where a car owner is liable for its driver's negligence automatically).

BUt as a practical matter, since he has insurance, there's very little chance of any risk even in these scenarios.

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Answered on 2/14/01, 8:37 am


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