Are Parents Liable for their Child's Negligent Driving?
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Parents may be held fully liable for their child's negligent driving under several rules of law. The one we will discuss here is known as the family purpose doctrine.
Under the family purpose doctrine, a parent who maintains a vehicle for themselves but also lets other family members use it are liable for the negligence of the other family members, including children, if someone is injured as a result of that negligence.
The theory behind the family purpose doctrine is that the owner of the car has the ability to control the car's use and, pursuant to that control, allowed other family members to drive. The law holds that because the owner of the car controls the car and allows other family members to use it, that the control by the owner gives rise to liability when the family member negligently injures a third person.
The doctrine usually arises when teenaged children drive the family car. If a teenager drives the family car and injures someone, the parent who owns the car will be held fully liable for the negligence of the teenage driver. If both the husband and wife own the car, they can both be held fully liable for the teenager's negligence. That is one good reason that the ownership of cars should not be held jointly by husband and wife but instead title should be in the name of only one person.
Strange as it may seem, the family purpose doctrine does not apply if the parents give the record title of the vehicle to the child. The law reasons that since the parent in that situation does not own the car, the parent cannot be liable under the doctrine. Even though a parent is liable under the family purpose doctrine when they loan the family car title in the parent's name to a child, the parent would not be liable if he gave that car to the teenage driver.
The family purpose doctrine is not limited to teenager however, nor is it limited to children. The owner of a car could be liable for their spouse's negligence also under the family purpose doctrine if that owner makes the vehicle available for the family member.
The potential liability of a parent for the negligence of their children or other family members under the family purpose doctrine is a good reason to carry liability insurance in a sufficient amount to cover any potential liability.
The family purpose doctrine not only triggers the liability insurance company's obligation to pay for losses caused by the negligent driver, but also imposes liability on the part of the owner of the car for all losses above the liability insurance limits.
If there is not adequate liability insurance, a judgment could be rendered against the owner of the car which would result in the loss of all assets.
The extra cost of a high liability insurance policy may not be as much as you would think. It would be a good idea to contact your insurance agent immediately and inquire about the cost of additional liability insurance. This could protect the family's assets in the event of a tragedy involving a teenage driver of the family car.
For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.