Am I responsible for my 18 year old daughter's accident?

by Chris
(Carthage, NY)

My 18 year old daughter was staying with us for a couple months. Her drivers license had my address listed, but she had been living with her father for the last 2 years. She just never changed her address. At the time of the accident she was with us for about a week.

This was temporary as she was getting married the following week. She only had a bag of clothes at our house, no other personal belongings. She rear-ended someone with her car and has her own insurance. Now her insurance company wants our insurance information. They say it's because they want to make sure she wasn't covered under our insurance.

Am I responsible for her accident? What's the insurance company's responsibility in this situation? We live in NY state. Thanks for any information.

Visitor Question:
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ANSWER for "Am I responsible for my 18 year old daughter's accident?":

Chris (Carthage, NY):

You are not responsible for your daughter’s accident, nor do you have to reply to your daughter’s insurance company. Your daughter caused the accident. As a result, she is ultimately responsible for the injuries she caused, as well as the victim’s damages.

The victim’s insurance company is likely referring to their ability to subrogate. They want to be sure if they pay the victim’s damages, your insurance company didn't pay them as well.

If so, your daughter's insurance will want to subrogate against the victim. They want to be sure the victim isn't paid by your daughter’s insurance company and again by your insurance company.

The insurance company likely does not want to pursue you or your daughter. They are interested in making sure the victim isn't paid twice. You can choose to cooperate with the insurance company, or choose not to. It is up to you. By not doing so, you and your daughter will likely not be adversely affected.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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