Can a parent’s auto insurer hold a parentliable for a child’s accident, if the child carried their own insurance?

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Can a parent’s auto insurer hold a parentliable for a child’s accident, if the child carried their own insurance?

19 YEAR OLD SON WAS INVOLVED IN AN ACCIDENT AND HAS HIS OWN INSURANCE POLICY. CAN THE INSURANCE COMPANY CHARGE THE PARENTS INSURANCE POLICY ALSO?

Asked on September 15, 2010 under Insurance Law, Nebraska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

That depends on what you mean by "charge" you, if the 19 year old lives with you and and your state laws on what is known as "stacking" of a policy.  Stacking means that the injured party would be able to collect from more than one insurance policy for members of the same household should the coverage of the liable auto be insufficient to cover their damages.  However, it is my understanding that Nebraska does not allow stacking.  So what do you mean by "charge" you? I can not think of any way - if he truly held his own policy under his own name and paid for it - that you could be held liable for his negligence.  I would seek help from your insurance agent to start and possibly your state department of insurance  Good luck. 


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