At Hancock Injury Attorneys, we know it can be stressful for families with driving-age children to know their legal rights if a minor child, teen driver, or even adult child borrows their car. You’re likely worried about your child’s safety, your own finances, and the potential legal repercussions. Who is responsible in the event of a car accident? Under Florida's Dangerous Instrumentality Doctrine, you may be legally responsible for any injuries or damages if your child has an accident while driving your car. This doctrine holds the vehicle owner liable for the negligence of anyone who has permission to drive.
This is one of the many real-life car accident questions asked on avvo.com, which Tampa car accident lawyer Mike Hancock answered. Below, read the question and Mike's answer about how this law works, what to expect if your child causes a crash, and the steps you can take to protect yourself. Let’s walk through your rights and options so you can move forward with confidence.
What If My Son Or Daughter Had An Accident With My Car?
Is a parent responsible for an auto accident of an adult child living at home? My 22-year-old son, who lives at our home in New Jersey, is temporarily in Florida, living in a halfway house. He is in recovery from drug addiction. My son has asked to have the car he drove at home (which is in my name and under my insurance) transported to him in Florida (Delray Beach area). I checked with the halfway house and many of the residents do have cars. However, I have concerns that if he has an accident with my car and is at fault, that I would be held financially responsible.
If I sell/give my son the car and arrange to have the auto insurance in his name (I would still be helping him with the premiums), does that protect me if he has an accident with my car in Florida? I was going to still have the car registered in New Jersey since I don’t know how long he will be staying in Florida.
I have heard from a couple of people (an insurance agent and an investment person) that I can still be held responsible even though the car and insurance are in his name because he still lives in my home, and right now I financially support him. Is this true? If the car and insurance are in his name am I financially protected? Also, is it better to have the car registered in New Jersey or Florida?
Car Accident Lawyer Mike Hancock’s Answer
A parent is not responsible for the negligent acts of an adult child because he is living in your home. In your scenario, the only way to impute liability on you, the parent, is if he injures someone while driving a car owned by you.
Florida follows the Dangerous Instrumentality Doctrine. Our state’s law considers motor vehicles as dangerous instruments. As such, public policy is going to hold the owner of the car just as liable as the negligent driver. They’ll still hold you liable even if there is no negligent entrustment.
I could let you, the safest driver on earth, borrow my car. And in Florida, if someone is injured by your negligent driving, then I, as the owner, will be held liable. The theory of negligent entrustment assumes that you own the vehicle and entrust it to someone else. If you have no ownership interest in the vehicle, there is no negligent entrustment. Thus, there is no liability on you for any injury your adult son causes.
Why Does the Dangerous Instrumentality Doctrine Matter?
In simple terms, Florida’s Dangerous Instrumentality Doctrine means that if you own a car and allow someone else to drive it, you can be held responsible for any injuries or property damage they cause—even if you were not behind the wheel. Essentially, the law sees a car as a dangerous instrument, so it places liability on the person who owns and controls it. This helps make sure that there is someone financially accountable for the harm caused in an accident.
The Dangerous Instrumentality Doctrine doesn’t just decide who might be responsible for an accident—it can also unlock different sources of insurance coverage that could help pay for expenses like lost wages or unpaid medical bills. For example, if your car insurance company provides you with a policy that includes personal injury protection (PIP), medical payments coverage (MedPay), or uninsured/underinsured motorist (UM/UIM) coverage, these might step in to cover some or all of your costs.
The at-fault driver’s insurance company could also be liable if the other driver was primarily responsible for the collision. Essentially, because the law places liability on the car’s owner, it opens the door to potential coverage from multiple insurance policies, ensuring there’s a way to help pay for injuries and financial losses that result from the accident.
How Does This Rule Affect Bringing a Personal Injury Lawsuit?
Florida’s Dangerous Instrumentality Doctrine can increase the number of parties who might be liable in a car accident, because vehicle owners may be legally responsible for a crash—even if they weren’t the ones driving. From an injured person’s perspective, this often means there may be additional insurance policies—or additional defendants—to pursue when filing a personal injury claim.
Meanwhile, Florida’s insurance requirements can affect how and from whom you recover compensation. Florida is a “no-fault” state, which means drivers typically must rely on their own PIP coverage first for medical costs and a portion of lost wages, regardless of who caused the crash.
However, once you meet certain thresholds—such as serious or permanent injuries—you can step outside Florida’s no-fault system and file a liability claim against the at-fault driver (or the car’s owner under the Dangerous Instrumentality Doctrine). This opens the door for additional compensation beyond what PIP provides, such as payment for pain and suffering, higher medical bills, or significant lost wages.
Does Any of This Affect My Insurance Premium?
Yes, it can. Your insurance provider may consider many factors when setting premiums, including who regularly drives the vehicle and how much risk the owner might carry. Under the Dangerous Instrumentality Doctrine, if you own the car, you’re potentially liable if a permissive driver has an accident—so insurers may view that as a higher risk.
Additionally, if you have multiple drivers on your policy (like teenage or young adult children), your premiums typically reflect that added risk. Finally, any history of accidents or claims filed—whether under Florida’s no-fault system or against other parties—could lead to higher rates over time.
Does It Matter If My Child Is Under 18 or Over 18?
While parents are generally responsible for a minor’s actions, Florida law specifically applies the Dangerous Instrumentality Doctrine to vehicle owners. If a minor child drives your car with your permission, you’re likely on the hook for any car accidents they cause.
The law does not automatically hold parents liable for the negligence of an adult child just because they live in the same home. However, if you own the vehicle and your adult child is a permissive driver, the Dangerous Instrumentality Doctrine may still apply.
Whether your child is a teen or an adult, your liability for accident-related losses largely depends on whether you own the vehicle they are driving.
Should I Transfer the Title and Register My Child’s Car in Their Name?
If you want to reduce or eliminate your liability, you can consider transferring both the title and registration to your child’s name—making them the legal owner. However, if you continue paying the premiums or exert control over the vehicle, you could still face liability questions.
- Transferring Ownership: In Florida, simply changing insurance or title may not completely shield you if you still hold any ownership interest.
- State-to-State Differences: If you live out of state (like the New Jersey example) and your child is in Florida, consult local DMV rules and an attorney to ensure you’re following both states’ requirements.
A complete transfer of ownership—including title and registration—often reduces liability but comes with legal and logistical hurdles, especially if you’re in different states.
How Can I Lower the Risk of Being Held Liable?
Proper insurance planning and responsible driving practices can significantly cut down your risks.
- Regularly Update Insurance Policies: Make sure your policy reflects who actually drives the car, where it’s primarily driven, and any changes to vehicle ownership.
- Encourage Safe Driving Habits: Stress the importance of following traffic laws, avoiding distractions, and never driving under the influence.
- Consider an Umbrella Policy: An umbrella policy can provide additional liability coverage that goes beyond standard auto insurance.
- Stay Informed About Your Child’s Situation: If your adult child moves, regularly drives out of state, or has substance abuse issues, be proactive in speaking with your insurance agent and possibly an attorney.
When to Contact an Attorney
If you’re unsure about the extent of your liability, how insurance applies, or what steps to take, a free consultation with an experienced car accident attorney can provide peace of mind. An attorney with experience handling personal injury cases can clarify the law in plain language, explain possible legal or financial consequences, and help ensure you’re taking all necessary steps to protect yourself.
Timely legal advice can save you from unintended liability and guide you through complex insurance and legal processes.
Do You Have More Auto Accident Questions?
Allowing your son or daughter—whether a teen or an adult—to drive your car can leave you open to liability under Florida’s Dangerous Instrumentality Doctrine. By understanding how this doctrine works, staying informed about insurance coverage, and knowing your next steps after an accident, you can protect yourself and your loved ones.
If you ever need legal assistance or have questions about your specific situation, don’t hesitate to reach out to a qualified car accident attorney at Hancock Injury Attorneys. Call (813) 915-1110 for your free, no-obligation telephone consultation with attorney Mike Hancock. Or reach us by e-mail. If we don’t recover money for you, you don’t pay us. Phones answered 24/7.