Legal Question in Insurance Law in Pennsylvania

Re: Liability someone else driving car

Remember the theme song for Ironsides, dum de dumb

dumb.

Without mincing words you are planning on committing a fraud. You're exposing yourself and all your assets to the potential damages of an accident, whether it be a DUI or just plain old accident. You are also exposing yourself and your son to criminal charges of fraud.

Insurance companies are not stupid. They are mean, vindictive and above all pragmatic. If and when you have a claim, whether your son is driving or not, the insurer will investigate. When the insurer discovers that your son was driving the car (whether he was driving at the time of an accident or not) they will deny the claim as to any liability to you. The insurer would probably be stuck paying any third party damages, but they will then sue you personally for the entire amount they paid out, plus all administrative costs, attorney fees and whatever they can think of. They will win. They may also file criminal charges regarding your fraud. From then on you will never get insured by anything other than the mandatory insurance pool (the same place your son is stuck right now).

The goal is to insulate you from the risk of your son's activity. If you want to do your son a favor, give him half the money for the insurance in a check made payable to him and marked "for deposit only" on the reverse. Do not pay the insurer directly and do not pay the full amount. This should provide you some protection should he be involved in an accident. What this does is demonstrate that your are not providing his support and that he is an independent adult.

Even if he were to just get pulled over, my guess is that his record will come up and it may drag you into a bad situation.

Was this clear enough for you? Do you need me to state it any more clearly than "Don't do this." With some effort, sobriety, and no little expense your son will come through this. Let him buy a cheap car that he can insure for the lowest cost. But also make sure he buys an umbrella policy that covers what the car insurance doesn't. Also, after the first DUI charge someone should carefully examine if they may have a drinking problem. After the second DUI anybody should be attending to their problem (AA, rehab, etc.). Before the 3 DUI this person needs to be off the streets until they have control.

Good luck and regards,

Roger Traversa

email: [email protected]

PS - Please keep me in mind for all your legal needs.

Re: Liability someone else driving car

Although I think the prior response may be a little harsh, I essntially agree. You should be getting your son help, not a car. Please do not release him to the streets of PA or or any other state) until he gets some help. You will find yourself liable if he gets into another accident while DUI.