Legal Question in Personal Injury in Virginia
My husband's 29 year old daughter is now living with us. she is driving one of our vehicles using our insurance. last week, she came home drunk and later wanted to go back into town. we did not allow here to do this (she has 2 children ages 9 and 6). she argued that she was going and she was fine. we called the police who administered a breathalyzer and she was twice the legal limit. my concern is what liability do we have if she continues this behavior and drinks and drives and then has an accident. what if she injures or kills someone either sober or under the influence? can we be sued? will this affect our insurance? i believe our best interest would be served getting her a car in her name with her own insurance. we are afraid of losing our savings and home. thanks for your help.
2 Answers from Attorneys
No, you would not be liable for the damages caused by this person driving
your vehicle(whether drunk or sober) but your insurance premiums could certainly be affected or the insurance even cancelled.
Actually, contrary to Mr. Hendrickson's response, while in Va. you are not automatically liable for damages caused by an authorized user of your car, you are in some states (DC in particular). Further, you could be sued for negligent entrustment -- letting her use the car having reason to know that she is drunk or intends to drink. I would insist that she get her own car and her own insurance, AND that she stop drinking and driving.
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