Legal Question in Criminal Law in Texas
Can a noncustodial parent be sued for a child's uninsured auto accident?
My 18 year old stepson lives in Texas with his mother who recently let all insurance (including liability) lapse on her vehicle (which he drives) because it was too expensive. If my stepson were to get in an accident that caused physical or property damage to another person, could that person sue my husband even though he legally has no control over how his ex-wife handles her affairs?
1 Answer from Attorneys
Re: Can a noncustodial parent be sued for a child's uninsured auto accident?
Probably not unless your husband has some ownership interest in the vehicle or some responsibility for the vehicle. You stated that the vehicle belongs to his exwife. Since your stepson is 18, he could be sued and his mother could be sued since it's her vehicle. If she's letting him drive her vehicle without insurance, she's not only breaking the law, but she's playing with fire. If either of them get into a wreck, and the other person has insurance, the insurance company will sue exwife and stepson to reimburse the insurance company for the damages.
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