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?
1 Answer from Attorneys
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.