Posted: Fri Jun 13, 2008 3:41 pm Post subject: Are parents held responsible for child's car accident?
If you are divorced and your spouse is the custodial parent, if you child (under 1 gets into an accident - who is responsible? Can they go after the parents at all, if the child is insured? The concern is the maturity of the children. The father doesn't believe they are mature or responsible enough to drive, but the mother is going to buy them a car. She has 51% custody and so is the custodial parent. In the event the children (under 18 ) should run into trouble involving their driving, what is the responsibility of the parents?
Would like to know if the child has insurance through her mother?
See, if the child has insurance through the parent who does not have the custodial rights, then under those circumstances, it is the duty of the insurer to inform the custodial parent about the benefits that may be achieved by the child from that coverage.
Good luck, SpencerJolie _________________ Register Now to have your Insurance queries solved.
See, if your child has insurance through you, then it is not always to your wish to avoid things.
I tell you since its the duty of the non-custodial parent's insurer to allow the custodial parent to forward claims for the coverage benefits even though it might be without the consent of the noncustodial parent.
The insurer under such circumstances would also need to pay towards meeting such claims to the custodial parent of the child or his/her state agent. I believe thats pretty much clear right now. Barbie_jones _________________ Register Now to have your Insurance queries solved.
I'm sorry OP, but I hope you understood these other posts, because I sure did not!
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who is responsible? Can they go after the parents at all, if the child is insured?
Ok, here's the deal...If the kid has a drivers license, and has a vehicle that has insurance on it...then he should be just fine...If however Junior gets into an accident and is UNINSURED then the owners of the vehicle and BOTH parents have the possibility of being brought into any suit...
Just make sure the kid has coverage for his car, and/or is listed as a driver under yours and other parents auto policys and you will be fine. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Could both parents be held liable? Yes. I've handled claims like that. If the child was covered under the mothers policy and the vehicle is not in the fathers name the child would not be considered an insured under the fathers policy so the child would not get coverage. But the father would be provided a defense under his own policy.
But the child should be covered under an insurance policy and that insurace policy is probably all anyone is going to seek payment under.
gets into an accident - who is responsible? Can they go after the parents at all, if the child is insured? The concern is the maturity of the children. The father doesn't believe they are mature or responsible enough to drive, but the mother is going to buy them a car. She has 51% custody and so is the custodial parent. In the event the children (under 18 ) should run into trouble involving their driving, what is the responsibility of the parents?
