Morristown, TN asked in Family Law, Personal Injury and Car Accidents for Tennessee

Q: If my daughter has an accident in her mother's (my ex-wife) vehicle with no insurance. Can I be responsible for damages?

I have insurance on my vehicles, but her mother doesn't always carry insurance on her car. Just to clarify. My daughter is 16. I didn't know if this makes a difference since she is a minor and still my responsibility.

2 Lawyer Answers

A: You are only potentially liable for another driver if you are the OWNER of the vehicle. If you are divorced, there is no family relationship between you and your ex wife, so assuming that you wife is the owner ( that is, her name only in on the title certificate) then you could not be held liable. On the other hand, if you let your daughter drive one of your vehicles, then the act of entrusting/lending your vehicle to her ( but not your ex) makes you potentially liable. In Tennessee, this is called the "family purpose doctrine"- having a vehicle that is used for family purposes make the owner liable for the other drivers in his/her family. MAKE SURE YOUR DAUGHTER IS LISTED AS AN AUTHORIZED DRIVER ON YOUR AUTOMOBILE INSURANCE.

1 user found this answer helpful

A: I don't see it but you can notify your insurance so they can't say later that you didn't tell them. Can you be sued? Anyone can.

Can you be held liable--no for the reasons stated by Mr. Grefseng.

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