Keyport, NJ asked in DUI / DWI and Personal Injury for New Jersey

Q: If I were to get into an accident, god forbid, would the parent of my tutoree be able to sue me?

Hi. I am tutoring a 16 year old. His mother asked if I drop him home from the library. Can she sue me for life if I get into an accident, how can I avoid this situation? I'm worried. Can I have her sign a contract or is verbal/text consent okay? I am a 20+ adult.

Related Topics:
3 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • DUI & DWI Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: As a driver you are responsible of any injuries which result from your negligence. That includes passengers, other people be they drivers, passengers in other vehicles or pedestrians/ property. Anyone can sue you and possibly also look to your employer if it can be argued that operation of the vehicle was a function of your employer. She could be liable personally or through property and umbrella policies.

H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • DUI & DWI Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Yes, you could be sued for any injury that your student would incur anywhere or anyplace not just in your car. This is the reason people start business, incorporate and hire a lawyer to draft documents to protect them.

Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: The short answer is that if you are so nervous about driving someone home from a tutoring session, then politely tell the parent that you are not comfortable driving their child because of potential liability issues, in the event you get into an accident with their child in your car. The parent may not be happy with your decision, but at least they will know why you dont want to do it.

As for liability, any time you have a passenger in your car, you have a level of risk in the event you are in an accident and the passenger is injured. That risk is greatly reduced (but not eliminated) by maintaining appropriate auto insurance coverage but if you are driving and you cause an accident and your passenger is injured and the extent of damages to your passenger is more than the amount of your coverage, then you do run the risk that ultimately, you may have personal liability, and potentially a judgment could be entered against you for that amount of damages caused.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.