Am I liable , I canceled car insurance on my 20 yr old who lives with me?
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My child who lives at home , financed a car. I added it to my policy with her paying the premium to me. I got angry at her and removed her from policy without informing her. She wrecked the car 15 days later. That’s when the police told her she was not insured. It’s a single car accident but the passenger was injured. I’m worried.”
Asked June 5, 2018
You are not liable.
Regardless of whether or not you guys were having personal issues, if the person who was driving the car is over eighteen and the car is in her name, then you are not responsible. It doesn’t matter if you chose not to tell her that you removed her from the insurance policy. It doesn’t matter if she was previously paying the premium to you. It’s ultimately her responsibility to know everything going on with her car. This goes for everything including registration, insurance, maintenance, etc.
There were fifteen days between the day you cancelled the policy and the day of the accident. There was time for her to figure it out on her own. Surely some sort of notification would have come in your mailbox for her that was meant to inform her no insurance was on file for the vehicle and the car would then be registered as a non-operative vehicle through the Department of Motor Vehicle Services. This is what happens if proof of insurance wasn’t given to them by a certain date. The point is, however, that notification would have been given from someone else, even if you chose not to tell her. The state will look at it the same way I just told you. They will hear her story and if the words, “I didn’t know” come out of her mouth, they will basically say, “Not our problem.” Their job when analyzing motor vehicle accidents is to look at the owner of the car and determine whether they have insurance or not and all other required paperwork on the car and also whether or not the driver was at fault. That is all.
The personal issues on the table will be between you two. I’m sure she will be angry that you removed her from the policy without telling her and try to blame you. She will definitely try to use that as her excuse in court and when fighting the fines she will be receiving. She has no leverage though. She can be angry as much as she wants. It doesn’t make you responsible. When she turned eighteen, she became an adult and that means responsibility, taking your blows, and learning your lessons where they come.
Answered June 11, 2018 by IndyIns