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  1. #1
    rmwnmdn is offline Junior Member
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    Liability for insured 18 year old child

    What is the name of your state (only U.S. law)? Texas

    I have an 18 year old who, I have discovered, texts while she is driving. She is on my insurance policy. What is my liability in the event that she kills or permanently disables someone in an auto accident? Would it protect me to put her on a separate insurance policy?
  2. #2
    AlmostALawyer is offline Member
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    It would be smarter to have your daughter own the vehicle. It will eliminate your liability. Owner's liability statutes and negligent entrustment actions are against the owner of the automobile, not the person who pays for insuring the automobile.
    Last edited by AlmostALawyer; 06-23-2010 at 07:40 AM.
  3. #3
    Antigone* is offline Senior Member
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    Quote Originally Posted by rmwnmdn View Post
    What is the name of your state (only U.S. law)? Texas

    I have an 18 year old who, I have discovered, texts while she is driving. She is on my insurance policy. What is my liability in the event that she kills or permanently disables someone in an auto accident? Would it protect me to put her on a separate insurance policy?
    You would be better off not allowing her to get behind the wheel of a deadly weapon under your watch. She is not mature enough to handle the responsibility of driving a vehicle. The sad thing about it is that if you continue to allow her to drive your vehicles, you are just as responsible for any crimes she commits behind the wheel.

    This kind of behaviour really hits home. You see a hit and run driver hit my daughter's car and she is now disabled for life and in a vegitative state. I never knew who hit my daughter because they ran, but I believe down to the depth of my bones that they were either drunk, texting or distracted somehow.

    Your daughter may be the cause of someone's else hurt, hopefully you do not contribute to that.
  4. #4
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by AlmostALawyer View Post
    It would be smarter to have your daughter own the vehicle. It will eliminate your liability. Owner's liability statutes and negligent entrustment actions are against the owner of the automobile, not the person who pays for insuring the automobile.
    that would not eliminate moms liability.

    Injured or dead persons estate can go after the house daughter lives in, which would be...

    right, moms house.

    You need to take away that child's car and or phone.
  5. #5
    Zigner is offline Senior Member
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    Quote Originally Posted by Banned_Princess View Post
    that would not eliminate moms liability.

    Injured or dead persons estate can go after the house daughter lives in, which would be...

    right, moms house.

    You need to take away that child's car and or phone.
    Really? So, a person who rents a house exposes the owner of the house to liability? Really?
  6. #6
    ecmst12 is offline Senior Member
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    As long as she lives in your household there is a chance you could be named in a lawsuit, because they will be looking for possible umbrella coverage from your homeowners insurance (which you should have, by the way). The best protection is the highest liability coverage you can afford.
  7. #7
    csi7 is offline Senior Member
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    As long as she is on your policy, you will be held responsible.

    For your personal safety, I would sit down with her, explain the rules of staying on your policy. The financial consequences of an accident while texting are far reaching.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by ecmst12 View Post
    As long as she lives in your household there is a chance you could be named in a lawsuit, because they will be looking for possible umbrella coverage from your homeowners insurance (which you should have, by the way). The best protection is the highest liability coverage you can afford.
    Ahhhh - but to be clear. Being named does NOT equal having liability
    But I do agree that, if named, one must defend.
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by csi7 View Post
    As long as she is on your policy, you will be held responsible.
    THAT is exactly wrong. Seriously man, stop it.
  10. #10
    AlmostALawyer is offline Member
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    Quote Originally Posted by Banned_Princess View Post
    that would not eliminate moms liability.
    How? What cause of action do you bring? What is the legal theory? Is it something in Texas statute? Not trying to be difficult, but would love to learn how I could do this.
  11. #11
    rmwnmdn is offline Junior Member
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    Cell texting in vehicle

    To those of you who responded take away the phone and the car, rest assured that is what we plan to do if she is caught texting again. She knows this. We could go on and discuss the addicting nature of technology which is why there ought to be a law prohibiting all use in a car. But how many people will die before we pass such a law?
  12. #12
    ecmst12 is offline Senior Member
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    There are specific cell phone laws in a lot of places, and driving while distracted is usually illegal all on its own. Laws don't make people any less stupid.
  13. #13
    HighwayMan is offline Senior Member
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    Quote Originally Posted by rmwnmdn View Post
    To those of you who responded take away the phone and the car, rest assured that is what we plan to do if she is caught texting again. She knows this.

    And what if she's not caught but keeps doing it anyway? Who is supposed to catch her?
  14. #14
    Country Living is offline Senior Member
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    Quote Originally Posted by rmwnmdn View Post
    To those of you who responded take away the phone and the car, rest assured that is what we plan to do if she is caught texting again. She knows this. We could go on and discuss the addicting nature of technology which is why there ought to be a law prohibiting all use in a car. But how many people will die before we pass such a law?
    You don't need a law to make your daughter quit texting and driving. You need strong parental controls. The way you put it, she can text to her little heart's content as long as she's not caught. Pull the keys and her driver's license NOW so she'll have a clear understanding what she's doing is dangerous. She has to earn the right to get them back.

    OR she leaves the cell phone with you when she has the car.

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