Is a Parent Liable for a Child's Accident When Driving the Car Without Permission?

Full question:

My son was involved in an accident with my truck last year and the insurance company is coming after him and me for the amount they paid their client ($9,000). My son agrees he was responsible for paying this debt and is willing to sign a legal form taking responsibility for this. Is this legal and will this lift the 'suspension of registration' from me? I did not grant permission for his use of my vehicle at the time and did not find out until afterward what happened. What legal recourse do I have in this matter? I am not working and cannot nor do I want to take on this debt because it is not mine.

• Category: Automobiles
• Subcategory: Insurance
• Date: 04/07/2025
• State: Wisconsin

Answer:

The answer will depend on all the facts involved, such as your son’s age, where the accident occurred, and the precise violation that registration was suspended for. If your son is a minor, you may have liability for harm caused through his acts because of the parental relationship. Generally, it is legal for an insurer to seek compensation from responsible parties for the harm the insurer had to pay losses for.

Subrogation is the substitution of one person in the place of another with reference to a lawful claim or right. Subrogation commonly occurs in insurance matters, when an insurance company which pays its insured client for injuries and losses then sues the party which the injured person contends caused the damages to him/her. In this example, the insurer is called the subrogee and the insured in called the subrogor with regard to the claim against the person being sued. A subrogee is the party which has the legal right to attempt to collect a claim of another (subrogor) in exchange for paying the other's expenses or debts claimed against a third party.

In many states, parents are liable for their child's negligent driving when they let their child use the family car. Permission to drive the car may be implied in some cases, such as when the person who was driving the car without permission has driven the car in the past with permission or living in the. If the car was truly stolen then the police would need to have been notified.

Some of the legal theories used in these cases include:

Negligent entrustment. If a parent lends the family car to a minor child knowing the child is incompetent, reckless, or inexperienced, the parent may be liable for damage caused by the child's driving.

The family purpose doctrine. Some states adopt the "family purpose" doctrine. In those states, when someone purchases and maintains a car for general family use, the owner of that vehicle (generally, dad or mom) is liable for negligent driving by any family member using the car.

Signing a minor's driver's license application. Some states have laws that make the person who signs a minor's driver's license application legally responsible for the minor's negligent driving. So, if a parent signs the application, the parent will be liable for the child's negligent driving.

Typically, registration of a truck is suspended due to not complying with a traffic law, such as paying a fine or fee, or having required insurance, and paying a claim to an insurer won’t reinstate registration, only paying the fine/fee imposed by the state or obtaining insurance will.