My question involves an injury that occurred in the state of: Virginia
Background: My ex and I have joint legal custody of our almost-17 year old son. My ex has him during the week and I get him every other weekend along with additional time in the summer, Spring Break, Christmas, etc. Even though our divorce mediation agreement states that we agree to consult for "major decisions" regarding my son, my ex has always just done whatever she thought was best when she could. She did not consult me went my son got both his learners permit and most recently his drivers license. My insurance agent says that since my son lives principally with my ex, that he needs to be insured by her. Also, my son never wants to go anywhere and my ex is always trying to come up with excuses why my son should go back to her place
So, I went to pick up my son today and my ex informed me that my son was just going to drive her car over to my place instead of riding with me. Mind you that I haven't seen my son's drivers license nor proof of his auto insurance. She said he'd be able to do some back to school shopping and practice driving alone. I declined the offer for now since she just sprung it on me with no advanced notice.
Question: If my son is driving my ex's car during my physical custody time and he gets in an accident causing significant damage, which parent is liable for any damage he may cause? Thanks in advance.