Full question:
My son was in an accident on a public road. He was operating an ATV and was struck from behind by another driver. The ATV was not insured and the other person’s insurer wants to collect damages. My son is a minor. My ex-wife and I have shared legal custody and I have physical custody. My question is, are there limits in Virginia to the amount that can be collected from parents and is my ex-wife responsible for half the liability?
- Category: Civil Actions
- Date:
- State: Virginia
Answer:
In Virginia, there are two types of custody: legal and physical. Legal custody allows parents to make decisions for their child, while physical custody determines where the child lives. Since you and your ex-wife share legal custody, both of you are involved in decisions affecting your son.
Generally, parents are not liable for torts (wrongful acts) committed by their children. However, there are exceptions. If a parent knows their child is a reckless driver and allows them to use their vehicle, the parent may be liable for any accidents caused. This is known as negligent entrustment.
If you have homeowner's insurance, it may provide liability coverage for your son, even if the incident occurred off your property.
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.