Full question:
My 18 year old daughter is in college driving my vehicle and is fully covered under my auto policy. Are my assets protected due to the fact that she has reached the age of 18 or do I have to make changes to protect my self ? I'm told that that I would not be responsible beyond my auto coverage due to her reaching 18, is this correct?
- Category: Automobiles
- Date:
- State: Louisiana
Answer:
Legal theories that may be used in these cases include:
Negligent entrustment. If a person lends the a car to someone knowing the driver is incompetent, reckless, or inexperienced, the car owner may be liable for damage caused by the other person's driving. A party injured by such a driver must generally prove five components of this tort: (1) that the owner entrusted the vehicle to the driver; (2) that the driver was unlicensed, incompetent, or reckless; (3) that the owner knew or should have known that the driver was unlicensed, incompetent, or reckless; (4) that the driver was negligent in the operation of the vehicle; and (5) that the driver's negligence resulted in damages
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. Generally, the owner will only be liable if the automobile involved in the accident was purchased and used as the family car, if the driver lived in the family home, and if the owner consented to the driver's use of the family car. The family purpose doctrine has not been adopted in Louisiana.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
