Am I responsible if my 19-year-old stepson gets into a car accident? (New York)
Here’s my situation:
- My stepson is 19 and divides his time equally between his mother and me (his biological father).
- His car is solely owned, titled, and insured by his biological father.
- He is not included on our car insurance policy.
If he were to be involved in a serious car accident, could I be held liable for any damages or injuries he may cause?
I appreciate any advice you can offer! Thank you!
In New York, liability for a car accident generally falls on the driver and the vehicle owner, which in your case would be your stepson’s biological father, as he owns the vehicle and carries the insurance. Since your stepson is 19 and not listed on your car insurance policy, and if he is the one driving his father’s car, the primary liability would typically lie with him (as the driver) and his father (as the vehicle owner).
However, there are a few aspects to consider:
Negligent Entrustment: If it can be shown that you or his father negligently entrusted the vehicle to your stepson (for example, if he has a history of reckless driving), then there could be potential liability.
Household Sharing: Even though your stepson lives part-time with you, unless he is specifically covered under your policy, your insurer would likely not be liable. However, if someone makes a claim and finds out that he resides with you part-time, that could complicate matters.
Parental Responsibility: In New York, parents can sometimes be held liable for the actions of their children under a certain age; however, your stepson is already 19, which typically removes you from liability based on age.
Insurance Coverage: Make sure that your stepson’s father carries sufficient insurance to cover any potential liabilities that could arise from an accident.
It’s always a good plan to discuss these concerns with a legal professional who specializes in automobile liability and insurance to provide you with personalized advice based on your specific circumstances.