Elderly driver

Personal Injury 4 views 2 answers
Elderly parent, 93 still drives on a limited basis. If in an accident can sons be held liable, ie. sued?

Attorney Answers

2
Alan Brinkmeier ·
The driver responsible can be sued. The car owner can be sued. Children cannot ordinarily be sued for the negligence of a parent.
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Lars A. LundeenPersonal Injury LawyerRutland, VT ·
As I am licensed in Florida and Vermont, I cannot offer you specific legal advice as to New York state law. However, generally, the short answer to your question is "it depends". It depends on the factual circumstances of where a potential accident may occur and who owns the car which is being driven by the 93-year-old elderly parent. For example, if your parent is a snowbird who travels to Florida and is using a vehicle which you own and has an accident, you, as the owner, would have equal liability with your parent under Florida's "dangerous instrumentality" rule. It is very difficult to convince a parent to give up driving; I know because I have an 89-year-old mother who insists on still driving to the local stores.In this circumstance, you should make sure that your parent is appropriately insured for potential liability. These days, even $500,000 worth of coverage may not be adequate given the expense of hospitalization and other medical care should your mother or father severely injure someone. If your parent has any substantial assets, they could be exposed to an adverse jury verdict, perhaps wiping out a life's savings. Absent increasing your parent's liability limits, you could protect parental assets by placing them in a trust which would exempt them from garnishment after an adverse judgment.
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