Expert: Bennie719 - 4/30/2008

Question
I am divorced and have shared legal and physical custody of my daughter who is now driving (she is 16).  We live in the state of California.  I recently found out my ex-wife is not carrying auto insurance coverage on my daughter.  My question is this:
If my daughter gets into an accident while driving my ex-wife's car (or soon my daughter's car) while she is at my ex-wife's house, am I liable in any way.  I understand there is a "Family Car Doctrine", but I do not know if it applies in California.

Answer
************************** FOLLOW UP ******************************
Hi Brian,
Based on the research of your question, you are legally liable when your daughter is driving ANY vehicle (including her mothers) since you have joint legal custody.
You should immediately add her to your own insurance as a part time drive so she will be covered when spending time with you and driving your car.
You need to discuss this situation with your attorney.  You may have to go back to court and secure an order that your ex-wife place her on her insurance policy and have the insurance company send you written proof on a regular basis until she is age 18 that her mother has her insured.
Even if the mother places her on the policy, if the mother carries minimal limits of insurance and your daughter should be involved in a serious fault accident that exceed the policy limits, you will be legally liable for the excess.
It's conceivable that you may need to agree to pay the extra cost to have your ex-wife add your daughter to her policy and increase the bodily injury and property damage to an adequate amount as opposed to the costs and time delay in going back to court.
Depending on how amicable the relationship between you and your ex-wife is, perhaps this could be settled with a discussion.

I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area

Hi Brian,
I need a few days to research this issue.  I will send a follow up with the answer.
Sincerely,
Bennie
San Francisco Bay Area