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:
There are two kinds of custody: legal custody and physical custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial parent the right to make decisions for the child's welfare. Since you and your ex-wife share legal custody, both of you are responsible for decisions affecting your son. However, we are not aware of any Virginia statute specifically dealing with your question.
A parent is not ordinarily liable for a tort committed by a child. However, there are exceptions. If a child is a reckless driver and the parent knows that the child is a reckless driver, the parent might be liable if the child uses the parent's car with the parent's permission and causes an accident. This is called negligent entrustment.
If you have homeowner’s insurance, since your son lives with you, you may have liability coverage in this matter even though the incident may not have occurred on 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.