Saint Augustine, FL asked in Insurance Defense, Personal Injury, Civil Litigation and Insurance Bad Faith for Florida

Q: Could we be held financially liable if our adult son is on our insurance policy?

We have a 19-year old son who has his own insurance on a paid off car that is titled to a trust that solely has the vehicle in the trust (vehicle trust). However, he lost his job is now not able to pay for insurance. We would like to know if we add our son to our insurance policy and the car remains titled in the trust, what is our liability if he gets into an accident? A majority of our liquids are not in a trust however are in a deposit account which is classified as "Tenancy By Entireity."

2 Lawyer Answers

A: No, it is unlikely that you could be held liable for having him on your insurance. Liability normally results from negligent action on the part of a driver, not co-insured such as you would be.

A: It might be worthwhile to discuss this in detail with the estate planning attorney who created your trust, and your insurance agent. There's no predicting who a determined plaintiff would go after. Included in your discussion could be the element of how things are changed from the original situation of your son having his own policy, to now being on your policy - which at a casual observation, doesn't seem to do anything to enhance the protection of your assets - which is presumably the fundamental purpose of your plan. Good luck

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.