What is out potential liability if our adult son is driving our car for work but doesn’t have a license?

UPDATED: Sep 30, 2022

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What is out potential liability if our adult son is driving our car for work but doesn’t have a license?

He has no driver’s license at this time due to a DUI. He is paying liability insurance on the car. If he is in an accident, will his insurance cover any damages or could we be sued for damages or injuries since the car is in our name?

Asked on November 28, 2015 under Accident Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) If he does not have a license, the insurance will most likely *not* cover any accident; check the policy and its exclusions to be sure, but generally, you must have a valid driver's license to be covered by insurance, and if you get into an accident when you don't have a license, the insuer can disclaim coverage.
2) The owner of a car can be sued for any damage or injuries caused by a person whom he/she/they allow to drive the car.
So if your son--who has already demonstrated he exercises poor judgment about driving--gets into an accident, you can be sued.

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