stepparents responsibility for teenager

my second husband and i live in calif., a comm. prop. state. my daughter from first marriage is 16 and now a driver. i own her car free and clear and pay her insurance. i want to protect my husbands assets, which he had prior to our marriage, in the event she has an accident and we have financial obiligations beyond our coverage. does anyone know how i can do this?

If your husband's name is on the insurance policy for "your" child, he will be responsible for any thing over and beyond your coverage.

[I AM ALWAYS LIABLE]

Originally posted by CalieBayGirl
If your husband's name is on the insurance policy for "your" child, he will be responsible for any thing over and beyond your coverage.

My response:

Calibaygirl is mistaken.

It doesn't matter whether your husband is on the policy or not. Insurance coverage has nothing to do with liability in this instance. Simply, and unless your husband has adopted your daughter, then he has no liability, and responsibility for anything she does with the car. What matters is:

1. Adoption;

2. If his name is on the ownership title.

If your husband is not a named owner of the vehicle, then again, he has no liability or responsibility.

His property and money that was his BEFORE your marriage is also untouchable. However, and due to the fact that California is a community property State, anything earned by you or jointly held by both you and your husband AFTER the marriage is at risk, due to your ownership interest; e.g., a house purchased after the marriage.

To put your mind (and finances) at ease, I would strongly, and heartily, suggest that you obtain as much coverage as you can buy under your current auto policy, and then buy a One Million Dollar "Umbrella" policy on top of that coverage.

You never know if she'll wipe out a doctor and his or her family in an intersection.

Good luck to you.

IAAL

I agree with that response. I believe the point I was making, was if the Step Parent is the primary on the insurance policy and the child is added, he will be obligated outside the coverage.

I could very well be wrong, but I thought this was the case.

[I AM ALWAYS LIABLE]

Originally posted by CalieBayGirl
I agree with that response. I believe the point I was making, was if the Step Parent is the primary on the insurance policy and the child is added, he will be obligated outside the coverage.

I could very well be wrong, but I thought this was the case.

My response:

Again, being named on an Auto policy along with stepdaughter does not, in and of itself, make stepdad responsible or liable for any amounts in damages either within, or beyond, the insurance limits of coverage.

There is NO law that states a stepparent is legally obligated to any third person for the acts or omissions of a stepchild - - except when there's an adoption of that child.

"Marriage" is not a "floodgate" that opens up responsibility to third parties. If that were the case, then no one would get married to someone who has a child.

IAAL

"IAAL"?

I could very well be wrong here, but my husband just stated that if in fact her child does (prey not) ever have this situation, that her step parent could be sued if she lives under his roof and he owns his home.

I am not an attorney, I responded to this thread because I have a 16 yr old son who is getting his licence, and lives with me and his Step Father.

I aplogize for giving any wrong information to the poster.

[I AM ALWAYS LIABLE]

[quote]Originally posted by CalieBayGirl
[b]"IAAL"?

I could very well be wrong here, but my husband just stated that if in fact her child does (prey not) ever have this situation, that her step parent could be sued if she lives under his roof and he owns his home.

=======================================

My response:

Can your husband please tell me the "legal authority" he's using for his statement or belief - - especially when there's no adoption?

You see, I've been an attorney for 23 years in both Family Law, Personal Injury, and a few other areas, and I've never heard of such responsibility. If there was, why would people get married to someone with children?

But hey, I could learn something new.

IAAL

Side Note,

"IAAL", I talked to Greg and you are correct. If The Step Parent is the owner of the vehical he can be held accountable for 15K personal, and 30K for liability.

Sorry for the wrong info, and Thank You for Correcting me.

[I AM ALWAYS LIABLE]

Originally posted by CalieBayGirl
Side Note,

"IAAL", I talked to Greg and you are correct. If The Step Parent is the owner of the vehical he can be held accountable for 15K personal, and 30K for liability.

Sorry for the wrong info, and Thank You for Correcting me.

My response:

And don't forget, $5,000.00 for property damage too [see Vehicle Code section 17151].

Hey, no problem, Calibaby. I just thought I was going whacko, and there was something I was missing in the law!

Don't scare me like that!

IAAL

[I AM ALWAYS LIABLE]

Originally posted by CalieBayGirl
"IAAL", You put me in the right direction when I needed it, I respect your "Knowledge", I may not like your cander with me , but I have faith that you give the best legal advice.

My response:

You don't like my "candor"?

Next time, I'll try to put a little whipped cream, sprinkles, and a cherry on top for you!

Thanks for your nice compliment - - I think?

IAAL

Thank you to the two people who responded. My auto insur. is separate from my husbands. However, if i were sued our joint property would be at risk and I would like to take steps to protect this. my daughter is a responsible driver, but i am aware of the potential devastation one accident could wreak. my husband is in a good position for incorporation - does anyone know if this, in addition to sufficient insur., will provide protection?

[I AM ALWAYS LIABLE]

Originally posted by srhcmt
Thank you to the two people who responded. My auto insur. is separate from my husbands. However, if i were sued our joint property would be at risk and I would like to take steps to protect this. my daughter is a responsible driver, but i am aware of the potential devastation one accident could wreak. my husband is in a good position for incorporation - does anyone know if this, in addition to sufficient insur., will provide protection?

My response:

It's worth repeating myself, which is something I rarely do . . .

BUY AN UMBRELLA INSURANCE POLICY! And, do it before your daughter gets into her car today.

You need to do two things - -

Call your insurance carrier and tell them you want to buy the MOST insurance coverage that they offer.

Next, ask about, and buy, a ONE MILLION DOLLAR "Umbrella" policy, which covers you above and beyond your "normal" policy.

That should be more than enough protection for both you and your husband.

IAAL