An Adult Child Used My Car and Injured Someone: Will They Get My Assets?

My daughter, who is over 18 and not on my insurance, used my car without my permission. She was involved in an accident that injured someone. If I am sued, will they come after my personal assets?

First, you have to determine if your daughter did have your permission to use the car. If she has previously driven your vehicle and you did not specifically tell her not to drive your car, then she probably had permission.

Second, is there insurance coverage? Does your daughter have her own policy? Is she excluded from your policy? This is an area where you probably need someone to help you with. Insurance coverage is a complicated area of law.

Third, what happens if you do not have enough insurance? You can read here. Basically, your insurance company has an obligation to protect your interests. If you think your daughter may have done more damage, and you are responsible due to a negligent entrustment issue, you want to talk to an attorney. If you did not negligently entrust your vehicle to your daughter, then you are only responsible up to the state maximums.

Comments

[Ron Miller]

One interesting related issue we dealt with in a recent trial is in a uninsured motorist case was must the Plaintiff prove that the driver was a permissive user to recover? In Maryland, in State Farm Mut. Auto. Ins. Co. v. Martin Marietta Corp., 105 Md. App. 1 (1995), the Maryland Court of Special Appeals ruled that the burden of prove to prove nonpermissive use rests with the defendant and it not an element of Plaintiff's case.