If my underage daughter was the driver in someone else’s auto and had an accident in which someone got hurt, whose insurer is liable?

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If my underage daughter was the driver in someone else’s auto and had an accident in which someone got hurt, whose insurer is liable?

My daughter does not have a vehicle of her own therefore she has no automobile insurance.

Asked on July 22, 2013 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If she was driving with permission of the car's owner (or of a permitted or authorized driver), then the owner's insurance should be primarily liable. However, the owner or his/her insurer could potentially in turn sue you (you would be liable for the actions of a minor child) to recover the amounts they pay out, if your daughter was at fault in causing the accident.


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