The Family Car Doctrine

A parent is liable for injury caused by a family member driver (typically a minor) if

  1. The vehicle is owned, provided, or maintained by a parent
  2. for the general use, pleasure, and convenience of family members
  3. a family member for whom the vehicle is maintained was driving the vehicle at the time of the accident, and
  4. the vehicle was operated with express or implied consent of the parent.[1]

Even if the vehicle is being used in an unauthorized manner at the time of the accident the parent may still be liable. [2]

The parent may also be liable for a third person operating such a vehicle if a family member entrusted the vehicle to the third person, such as a non-family member driving the vehicle to run an errand for the family. [3]


[1] Gotcher v. Rowell, 2 Wn.App. 615 (1970); WPI 72.05.

[2] Cameron v. Downs, 32 Wn.App. 875 (1982).

[3] Cameron v. Downs; Davis v. Browne, 20 Wn.2d 219 (1944).

Posted in Auto Accidents and tagged .

2 Comments

  1. What if the child is 18 and you release the title to the 18 yr old child, can you still cover them under your policy and if you do so, does that still hold you liable of any accident?

  2. Every situation is different and you never know what the outcome is going to be, but the injured should always consult with an attorney when they or their familes are the victims.

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