If a minor child has a wreck and the legal parents are divorced and remarried, whose insurance will the wreck be filed against?

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If a minor child has a wreck and the legal parents are divorced and remarried, whose insurance will the wreck be filed against?

My son lives with his father and stepmom. He is covered under his stepmom’s insurance. Can I be held liable for part of this claim. Our insurance is in my husband’s name alone and I’m listed as a driver.

Asked on February 11, 2012 under Accident Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written, it seems that the insurance policy at issue for the accident that the minor child was involved in would be the insurance policy in place on the motor vehicle he was driving when the accident happened.

If your son was driving a vehicle insured under his father's or stepmother's name, then that is the vehicle to be looked at for insurance purposes assuming it had a policy in effect when the accident happened.

From what you have written, I do not see how you would be responsible for any damages resulting from the accident involving your son.


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