Legalities of Babysitter/nanny Driving Your Children?

Updated on August 24, 2010
L.K. asks from Boise, ID
5 answers

We have a babysitter/nanny who watches the kids PT during the week. We've never asked/allowed her to drive the kids (they walk to the playground). Now that school is starting I'm thinking there may be days it would be helpful for her to pick up or drop off but I'm concerned about the legalities of what would happen if she had an accident while working. I'm not really sure WHAT I should be concerned about though or what I should look into (I'm not talking about the safety factors of her or kids getting hurt)...more about who would have to pay for damages or if there could be workers comp or something like that. Any Mom's have experience with this or words of wisdom?

I guess that brings up another question...does it matter if she uses our car or her car making sure, of course, both would have proper car seats.

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M.C.

answers from Washington DC on

Yes it matters which car she is driving. If she drives YOUR car, she may need to be added to your car insurance. It depends on the insurance.
If she is driving YOUR car and causes an accident, YOUR insurance would pay the damages and any dr. bills. If another driver caused the accident, their insurance would cover your car and her bills.

I don't know about the workman's comp aspect. There is a website called lawyers.com that I believe you can pose questions to and receive an answer.

M.

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J.B.

answers from Atlanta on

We gave our nanny proper car seats for our children, and we installed them in her car. She was allowed to drive them wherever they needed to go for playdates and kid-oriented activities. She used her car though, so I made sure she was insured; had a decent car and I asked about her driving record. I didn't actually check it, but I kind of sprung the question on her, so even though she could have lied, I don't think she did. We never had any issues with her driving the kids.

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S.W.

answers from Pocatello on

I would contact your insurance company and see what they have to say about the issue.

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R.D.

answers from Washington DC on

She should be fine to drive them if she has insurance. Whoever rides in her car is covered and I don't get extra insurance to take my neighbor's kids somewhere :o). My sister drove my kids EVERYWHERE for four years. Now she drives two kids that she actually is a nanny for. So I think it's fine if you trust her.

M.L.

answers from Houston on

Call your insurance and ask if they need some form of permission given for a sometimes driver, if she needs or be put on your insurance, and what would happen in case of an accident, or a ticket? (Like if she ran a red light in your car, and it was a camera light, the ticket would come to you.)

I know there are some forms for this as well, but don't know if they would legally hold up for an insurance claim.

http://www.thedaycarelady.com/form1.htm

It is best she use her own car.

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