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Before You Drive Other People's Kids: A School Carpool Checklist

Quick answerWhen you drive other people's children, California's child passenger law puts the duty on you as the driver unless a parent is riding along: children under 8 in a rear seat in a proper restraint, and 8 to 15 in a restraint or a properly worn belt. Your own policy is generally the first to answer for a crash in your car, so check your per-accident limit against a full car of kids.

The week before the first run

  1. Count seats and ages. Section 27360 requires a child under 8 to ride in a rear seat in an appropriate restraint; section 27360.5 covers ages 8 through 15. A child under 8 who is at least 4 feet 9 inches tall may use the belt instead, under section 27363.
  2. Decide who supplies boosters. If a booster travels with the child, agree on that in writing so nobody arrives without one.
  3. Check the front seat. A child under 8 rides in front only under the narrow exceptions in section 27363, such as no rear seat or the rear seats already filled by children 7 and under, and never rear-facing in front of an active airbag.
  4. Agree who drives. Only licensed drivers you have listed with your insurer, or who are allowed under your policy, should take a turn in your car.
  5. Collect contacts for every family and keep them in the car.

The duty rule is the one people miss. Both child passenger sections say they do not apply to the driver only when the child's parent or legal guardian is also in the vehicle. On a carpool run, that is rarely the case, so the obligation, and the one-point record entry a conviction carries under section 12810(h), is yours.

Whose insurance answers if there is a crash

The policy on the car you are driving is commonly the first to respond, though how policies interact varies by insurance company. Two coverages matter most with children aboard:

Uninsured motorist coverage also matters when the other driver is at fault and has no insurance. California requires insurers to include it unless you sign a written rejection, and it is worth confirming you did not waive it years ago.

Within the first month

At renewal

It is also a good moment to look at your own record. A child passenger conviction counts as one point, and the Good Driver standard allows no more than one violation point in three years, so a careless morning can cost more than the fine.

Look at your liability and uninsured motorist limits with the carpool in mind, and at whether you carry medical payments coverage. If another adult in your house now drives the carpool, make sure they are on the policy. And if your own children have aged out of boosters, keep the spare seats; carpool kids may not have.

When you are ready to check your limits against a full car, you can compare quotes here.

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More of what callers ask

Do I need car seats for other people's children in my carpool?

Yes, if the children are under 8 or still need a restraint to be properly secured. The duty is the driver's unless the child's parent or guardian is also in the car.

Does my car insurance cover other kids in my car?

Your liability coverage pays for injuries you are legally responsible for, up to your limits, and medical payments coverage can help occupants regardless of fault. Details vary by insurance company.

Can a 9-year-old sit in the front seat in California?

The rear-seat requirement in section 27360 applies to children under 8. A 9-year-old must still be in a restraint or a properly worn belt under section 27360.5.

Should I tell my insurer I drive a carpool?

Tell them if your mileage changes, if another household driver takes turns, or if families pay you to drive.