Any responsibility for stepson's driving?

[Treesh]

We live in Virginia.

My husband has a teenage son who lives in NJ. We do not see him and he never visits us. When the custody agreement was made about 7 years ago, my husband was supposed to have his son every other weekend and alternating holidays. This did not last long and we now live 6 hours away.

His son is going to be driving soon. We will have no way of knowing if he is a responsible driver or if his mother is going to supervise his actions. Should he be responsible for an accident in any way, serious or not, is there any situation where WE could be sued?

If so, what precautions do we take to protect ourselves and our assets?

[stephenk]

Hubby and you can be sued only if his son ends up driving a car owned by hubby or you.

[Zigner]

Originally Posted by stephenk

Hubby and you can be sued only if his son ends up driving a car owned by hubby or you.

Actually, they can be sued even if the vehicle is NOT owned by hubby (or OP). However, the likelihood of that suit being successful is very very low.

[stephenk]

What scenario would result in dad being sued?

[ecmst12]

They COULD sue the kid's parents just because he's a minor. Remember, anyone can sue anyone for whatever they want. But if the kid lives in a different state and never sees his dad and wasn't driving dad's car, then it's highly unlikely that any judge would hold dad responsible for anything done by kid.

[Zigner]

Originally Posted by ecmst12

They COULD sue the kid's parents just because he's a minor. Remember, anyone can sue anyone for whatever they want. But if the kid lives in a different state and never sees his dad and wasn't driving dad's car, then it's highly unlikely that any judge would hold dad responsible for anything done by kid.

Exactly what I was thinking

[stephenk]

In my 16 years of practice as an insurance defense attorney I have never had a non-custodial parent sued for an auto accident involving their child when the child was with the custodial parent and was not driving the non-custodial parent's vehicle.

an attorney wouldn't want to risk a malicious prosecution action for bringing in a non-custodial parent for an accident involving their child that is living in another state with the custodial parent.

[Treesh]

Thanks for your replies. I feel better now. He won't ever be in our care or driving our cars.

[Zigner]

Originally Posted by stephenk

In my 16 years of practice as an insurance defense attorney I have never had a non-custodial parent sued for an auto accident involving their child when the child was with the custodial parent and was not driving the non-custodial parent's vehicle.

an attorney wouldn't want to risk a malicious prosecution action for bringing in a non-custodial parent for an accident involving their child that is living in another state with the custodial parent.

I can easily see said NCP being named as a co-defendant and them being removed as such once the actual relationship is worked out.

[ceara19]

Originally Posted by Zigner

I can easily see said NCP being named as a co-defendant and them being removed as such once the actual relationship is worked out.

That still leaves the door open for mom to turn around and take dad back to court to recoup half of the money she loses in the lawsuit.

[stephenk]

Huh? On what basis?

[ceara19]

Originally Posted by stephenk

Huh? On what basis?

Family courts consider EACH parent equally responsible for the child. I've seen cases like this go both ways, especially in cases where the NCP helps out with insurance, car payments or other car/driving related expenses. The fact that dad has not seen the child in years and years could just as easily hurt his defense as it could help it. He could argue that since has no active role in deciding if the child is responsible enough to drive, he shouldn't be held responsible. But then, the question is, who's fault is it that he doesn't have a relationship with the child?

[Treesh]

We pay child support through the court. We do not make any payments towards any car related expenses.

We live in completely different states and if we want to get technical...it is the mother who is preventing a relationship with the child. Further, from the beginning, she has never consulted with his father on any of the matters relating to the child....there would be no way for my husband to even find out if he's driving or if he's being responsible. Neither mother nor child communicate such things to my husband even when he has asked.

My first posted asked "If so, what precautions do we take to protect ourselves and our assets?" So for those of you who say we CAN get sued....how do we protect ourselves?

[Zigner]

Originally Posted by Treesh

So for those of you who say we CAN get sued....how do we protect ourselves?

And that brings us back to the fact that anyone can sue anyone for anything at any time. I don't think there's much more you CAN do to protect yourself. However, I also think that any cost too defend yourself would be pretty minimal.

[stephenk]

"The fact that dad has not seen the child in years and years could just as easily hurt his defense as it could help it. He could argue that since has no active role in deciding if the child is responsible enough to drive, he shouldn't be held responsible. But then, the question is, who's fault is it that he doesn't have a relationship with the child?"

None of which has anything to do with dad ever being brought into a lawsuit as a result of his son driving a vehicle not owned by dad and while in legal custody of mom in another state.

Even if dad contributed to payment of auto insurance for the kid that doesn't raise any legal cause of action to bring dad into any lawsuit.

To orginal poster, protect yourself by having complete auto insurance and homeowner insurance. That's about it.