If your adult child got into a car accident in your vehicle, you might be wondering, “Will I be held responsible?” In Florida, the answer depends on who owns the car, whether your child had permission to drive it, and other factors. An experienced Orlando car accident lawyer can help you navigate potential liability and how to reduce it, and can help you protect yourself and your family from financial and legal consequences.
When am I considered liable for accidents caused by my adult children in Florida?
In Florida, parents can be held legally responsible for a car accident caused by their adult child, but only under certain conditions. The state’s Dangerous Instrumentality Doctrine (DID) holds vehicle owners financially liable if they lend their car to someone who then causes a crash.
To be liable, three things must be true:
- You own the vehicle involved in the accident,
- You gave your adult child permission to use the car, and
- Your child caused the crash through negligence, such as distracted or reckless driving.
If those conditions are met, you may be responsible for the property damage, medical bills, or other losses resulting from the accident, even if you weren’t in the car or did nothing wrong.
Florida law treats vehicles as “dangerous instrumentalities” because of the serious harm they can cause. That means liability can attach even without any active fault by the parent; ownership and permission are enough.
There’s another legal concept to be aware of: negligent entrustment. While DID is about ownership, negligent entrustment applies when someone knowingly allows an unfit or unsafe driver to use a vehicle. In those cases, the vehicle owner may be directly liable for failing to act responsibly. For example, letting a child with a suspended license or a history of DUIs take the car..
What if I am accused of negligent entrustment?
No parent wants to believe their child is unsafe behind the wheel. But if your child has a history of reckless driving or medical issues and you still allow them to drive your car, you could be accused of negligent entrustment.
An adult child may be unfit to drive because of bad, inexperienced, or reckless driving, a disability, or a lack of a valid driver’s license, to name a few examples. Parents accused of negligent entrustment should hire a car accident lawyer who can investigate the accident and develop a strong case that protects them and reduces liability.
Whose insurance covers an accident caused by an adult child in Florida?
One reason parents can be held liable for adult children causing an accident is that the parents’ own auto insurance typically covers the vehicles involved. This means that any accident claim will be filed against this policy. However, if an adult child has their own insurance coverage at the time of the accident, then claims will be filed against their policy instead.
How can I protect myself from liability if my adult child causes an accident?
To minimize the risk of liability for an adult child’s accident, make sure the child has their own auto insurance policy in place. A parent’s liability can be further reduced by transferring the vehicle’s title into the child’s name, if possible, so the child alone is responsible for any accidents they cause. As vehicle owners, parents can also make sure that their child does not use the vehicle if they are an unfit driver.
Let DWK Law protect you from liability today
When you hire DWK Law, you benefit from an experienced and skilled law firm that can advocate for you and help minimize your liability in your adult child’s accident. We also make sure that you are not responsible for any more of the accident than necessary. For 35 years, our team has been helping families like you navigate complicated legal situations and secure favorable results. Schedule a free consultation when you message us online or call our offices at (407) 244-3000.