by dshearey » Fri Jun 13, 2008 03:41 pm
If you are divorced and your spouse is the custodial parent, if you child (under 18) gets into an accident - who is responsible? Can they go after the parents at all, if the child is insured? The concern is the maturity of the children. The father doesn't believe they are mature or responsible enough to drive, but the mother is going to buy them a car. She has 51% custody and so is the custodial parent. In the event the children (under 18 ) should run into trouble involving their driving, what is the responsibility of the parents?
Posted: Sat Jun 14, 2008 06:45 am Post Subject:
Would like to know if the child has insurance through her mother?
Posted: Sat Jun 14, 2008 07:15 am Post Subject:
hey..
Would like to know if the child has insurance through her mother?
See, if the child has insurance through the parent who does not have the custodial rights, then under those circumstances, it is the duty of the insurer to inform the custodial parent about the benefits that may be achieved by the child from that coverage.
Good luck, SpencerJolie
Posted: Sat Jun 14, 2008 09:27 am Post Subject:
Hi,
See, if your child has insurance through you, then it is not always to your wish to avoid things.
I tell you since its the duty of the non-custodial parent's insurer to allow the custodial parent to forward claims for the coverage benefits even though it might be without the consent of the noncustodial parent.
The insurer under such circumstances would also need to pay towards meeting such claims to the custodial parent of the child or his/her state agent. I believe thats pretty much clear right now. Barbie_jones
Posted: Sat Jun 14, 2008 12:20 pm Post Subject:
I'm sorry OP, but I hope you understood these other posts, because I sure did not! :?
who is responsible? Can they go after the parents at all, if the child is insured?
Ok, here's the deal...If the kid has a drivers license, and has a vehicle that has insurance on it...then he should be just fine...If however Junior gets into an accident and is UNINSURED then the owners of the vehicle and BOTH parents have the possibility of being brought into any suit...Just make sure the kid has coverage for his car, and/or is listed as a driver under yours and other parents auto policys and you will be fine.
Posted: Sat Jun 14, 2008 03:39 pm Post Subject:
Could both parents be held liable? Yes. I've handled claims like that. If the child was covered under the mothers policy and the vehicle is not in the fathers name the child would not be considered an insured under the fathers policy so the child would not get coverage. But the father would be provided a defense under his own policy.
But the child should be covered under an insurance policy and that insurace policy is probably all anyone is going to seek payment under.
Posted: Sat Jun 18, 2011 12:43 pm Post Subject:
My unlicensed, minor step son was riding an unregistered, uninsured, atv, past county curfew, at night, on a road rather than on a trail, was rear ended by a second atv and a passenger on the second atv was critically injured. My husband is non-custodial parent and the accident occurred when the ex-wife had care of the child, not during my husband's visitation. The injured party is now suing for damages. Can my husband be held liable?
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