In New York, parents are not generally liable for a child’s actions unless the parents themselves acted negligently. However, when parents own a vehicle that their child negligently operates and causes an accident, the parents may be held liable under state law.
If you have a teenage, college-aged, or even adult child who drives your vehicle, it is important to make sure your insurance policy adequately covers damages related to their use of the car. If your vehicle has already been involved in an accident, speak with a personal injury lawyer to understand your rights and responsibilities.
Liability for a child’s actions
Under New York law, parents are not automatically responsible for injuries caused by their children solely because of the parent-child relationship. Instead, parental liability generally arises from negligent conduct.
You may be held legally responsible for your child’s actions if you:
- Carelessly allowed your child to use a vehicle when doing so was unreasonably dangerous under the circumstances
- Failed to supervise or restrain your child when they were engaging in behavior that could endanger others
- Consented to the dangerous behavior
- Maintained a “master-servant” relationship in which the child was acting on your behalf
If you allow your child to use your vehicle while knowing they may be drinking alcohol or engaging in other dangerous conduct, you could be held liable under general negligence principles.
In addition, New York law expands liability for vehicle owners beyond traditional negligence rules.
New York law holds vehicle owners liable
Under New York Vehicle and Traffic Law Section 388, the owner of a vehicle operated within the state may be held liable for injuries, death, or property damage caused by the negligent operation of that vehicle.
This is known as vicarious liability, and many states have adopted similar laws to protect the public.
In vicarious liability cases, the person directly responsible for causing the accident may not be the only party named in a lawsuit. Instead, another legally responsible party — such as the owner of the vehicle — may also be held accountable.
Teen and young adult drivers often lack the financial resources necessary to satisfy a personal injury judgment. However, New York law may allow injured victims to pursue compensation from the parents who owned the vehicle involved in the crash.
That is why it is important to speak with experienced New York City personal injury lawyers to fully understand your legal options.
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Liability and insurance coverage
Liability and auto insurance coverage are not always the same thing, even when an insurance policy may ultimately pay for the damages.
Because New York follows a no-fault insurance system, individuals with non-serious injuries typically must seek compensation through their own insurance carrier. However, if injuries meet the state’s serious injury threshold, the injured person may file a personal injury lawsuit against the at-fault driver.
If your child caused an accident involving minor injuries, your child may still be legally responsible even though the injured person’s own insurance carrier initially pays the losses.
If the injuries are considered serious, your insurance policy may still provide coverage if your child qualifies as an “insured” under the terms of the policy.
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Is your child covered by your insurance?
For insurance coverage to apply, the driver generally must qualify as an “insured” under the policy terms. Your child may qualify in several ways, including:
- Being specifically listed as an insured driver on the policy
- Residing in the same household as the policyholder
- Operating the vehicle with your permission
Speak with your insurance agent to determine whether your child is adequately covered under your policy. If your child no longer lives at home, your agent may recommend adding them to the policy separately or transferring ownership of the vehicle into their name.
Take precautions to protect your future
Parents are accustomed to helping support their children. However, bearing financial responsibility for a serious accident caused by a teenage or adult child can create devastating financial consequences.
If your child regularly drives your vehicle and has not been involved in an accident, now is the time to discuss your insurance coverage with your agent to avoid costly mistakes later.
If your child has already been involved in an accident while driving your vehicle, speak with our New York City car accident lawyers. The team at Douglas & London understands the complex legal and insurance issues that can arise after New York car accidents and will work to pursue the strongest possible outcome for your situation.
Call Douglas & London today. Consultations are free and confidential.
