My 18-year-old son was drinking and driving and got into a car accident. The car and its insurance policy are registered to my name. If the person that he hit receives damages greater than my insurance coverage will I be held personally liable?

It is possible that you will be found personally liable for damages above your insurance coverage. However, before you worry about your personally liability, there are several other important considerations that deserve your immediate attention. First, hire a good DUI defense attorney for your son. The attorney that is hired by the insurance company will not represent your son on the DUI charge. The State will likely bring criminal charges against your son for drunk driving. He will need proper representation to help protect him from possible jail time and hefty fines.

Second, the attorney that your insurance company hires for the civil lawsuit or claim is also ethically obligated to represent you. The insurance company and its attorney will litigate every aspect of the civil claim up to the maximum of your policy limits. After those limits are reached there is still some question as to whether you will be held personally liable. More simply, there is no need to worry about your personally liability until the attorney for you and your insurance company tells you need to worry about it. Once it looks like the damages may exceed your policy limits, then they may advise you to retain independent counsel.

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