Who is liable if my common law wife’s son was in a accident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is liable if my common law wife’s son was in a accident?
He hit a car while riding his bike. The accident report shows him at fault. The damage to the car was over $2,000. He lives with us 80% of the time while 20% is spent with his father, who gets to claim him on his taxes per divorce agreement. Since I am not his legal guardian and by law not responsible for him, does the claim still need to come out of my homeowners insurance?
Asked on June 14, 2012 under Accident Law, Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, your common law wife's son is primarily responsible for the accident that he was involve din and all damages resulting from it. If he is a minor, then your common law wife as his mother and the child's biological father are responsible for the damages.
You can make a claim regarding the incident to your homeowner's insurance policy but I doubt that there will be coverage since the incident that you are writing about does not seem to have happened upon your property.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.