QUESTION

Could I be liable if something happened while someone without a license was driving my car?

Asked on Oct 10th, 2011 on Personal Injury - Florida
More details to this question:
My daughter-in-law recently filed for divorce. The problem is the car that she has is titled in my name and hers, because I co-signed on the loan. She has always been current on the payments and insurance. I found out that she is letting a person without a driver's license drive the car. Could I be liable if something would happen while the non-licensed person was driving the car? What are my legal rights?
Report Abuse

8 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
As an owner you may be responsible for any operation of the car. You need to get your name off the title and insurance
Answered on Oct 28th, 2011 at 1:21 PM

Report Abuse
Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
Update Your Profile
Yes- you are liable as owner. Make sure the car is well insured!
Answered on Oct 28th, 2011 at 1:21 PM

Report Abuse
Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
Update Your Profile
You will not be held liable for entrusting the car to a non-licensed driver if you do not have control of the vehicle. You should determine the terms of the insurance coverage. Be certain that the vehicle is not covered by your policy but also make certain that the vehicle does have coverage that will at least pay off the loan amount so that if an accident does occur you are not paying on a loan for a vehicle that has been totaled.
Answered on Oct 14th, 2011 at 10:02 PM

Report Abuse
Steven D. Dunnings
As long as your name is on the title you will be responsible. Regardless of whether your name remains on the title, you will be responsible to the financing company.
Answered on Oct 12th, 2011 at 1:27 PM

Report Abuse
Theodore W. Robinson
Yes, as a partial owner of the car, you can be liable if the car is involved in an accident. Tell her to stop or you'll force the sale of the car.
Answered on Oct 12th, 2011 at 1:48 AM

Report Abuse
Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
Update Your Profile
You pose a very interesting question. I was unaware that two people could be on the title to a car. Generally, if a person has permission to use the car, then the owner is responsible for any damages or injuries they cause through negligence. But your question is unique in that what if one owner gave permission and the other did not. That begs the question of whether or not one owner has actual or apparent authority to give the other owner's permission to use the car even though the other owner knows nothing about it. Figuring this out could give you a headache. So, here's what I say: you go to this unlicensed operator, preferably with a witness, and make it absolutely clear that he or she does not have your permission to drive the car, that you forbid it, and that the other owner has no right to give this person your permission. Your other option is to seize possession of the car to protect yourself from any liability.
Answered on Oct 11th, 2011 at 11:45 PM

Report Abuse
Truck Accidents Attorney serving Indianapolis, IN
3 Awards
You should tell your daughter to not allow someone without a driver's license to drive her car. Depending on the insurance policy language, letting someone drive without a license can void her coverage. This means that if the car is damaged the insurance company won't pay to fix it. If another car is damaged or people are hurt the insurance company may not pay for that either. As one of the owners of the vehicle it is not likely that you would personally be responsible for the damage done by the unlicensed driver with the exception of the damage to the car. Since you co-signed the loan you would be obligated to pay off the loan if the vehicle is totaled and the insurance company denies the claim based on the policy being voided.
Answered on Oct 11th, 2011 at 10:29 PM

Report Abuse
Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
Update Your Profile
As an owner, you would be responsible for any permissive user of the vehicle, regardless of whether they have a license or not. Just tell her not to let anyone use the car......and if she argues with her, tell her that you would be responsible and if she wants to do that, then you insist that she increase the bodily injury liability insurance to a million dollars. That should stop the loaning of the car.
Answered on Oct 11th, 2011 at 4:38 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters