Who Is Liable When Your Child Gets Into an Accident in New York With Your Car?

June 24, 2011

It's a story that no parent likes to hear, but that many have heard in one form or another. Junior borrows the car and gets into an accident. It may be that he ran the car into a mailbox or it could be more serious. In the case of injury-causing accidents, who is liable for those injuries? Sixteen-year-old Junior? His parents? The registered car owner?

Generally under New York Vehicle and Traffic Law, when someone gets into a car accident while driving with the owner's consent, the owner can be held liable for the driver's negligence. This means that if parents give their child permission to use their car, then they can be held liable for any damages as a result of an accident.

The intent behind this law is that car owners have to maintain adequate car insurance so they -- and their insurance company -- are in the best position to financially handle property damages and medical expenses following an accident.

What Is Permission?

But the matter of liability gets a bit trickier when it comes to defining what exactly permission is. Case law in New York has found that a parent can be held liable even when he or she did not give express permission to the driver. In Rodak v. Longnecker, a father let his son take the car with him to college, and his son let a friend drive the car. When the friend got into an accident, the father was found vicariously liable for the accident, on the presumption that permission to drive the car passed down the chain from father to son to friend.

If the parent or car owner can establish that the vehicle was, in effect, stolen by the child, then the owner may not be liable. A separate section of New York Vehicle and Traffic Law allows for the owner of a stolen vehicle to be held liable for injuries if the car was stolen because the keys were left in the ignition while the car was in a place accessible by the general public. But if the car was in a private place, such as parked outside a residence, and the child took it without permission, then it could be seen as stolen and the parent-owner may be found not liable for damages in the event of an accident.

Keep in mind that handing over the car keys to your children could result in liability for any injuries they cause to themselves and others. Make sure that your auto insurance is up to date, and if you have questions about potential liability or what kind of insurance coverage you should have, talk to a personal injury attorney in your area.

Article provided by Trolman, Glaser & Lichtman, P.C.
Visit us at www.tgllaw.com