QUESTION

Could I be sued and be held liable if my son (24 years old) gets in an accident and my name is on the title?

Asked on Oct 19th, 2012 on Personal Injury - Florida
More details to this question:
My son (24 years old) has a DUI and speeding tickets. The title is: I am the owner and he is the co-owner of the car.
Report Abuse

11 ANSWERS

William C. Gosnell
Yes.
Answered on May 21st, 2013 at 2:17 AM

Report Abuse
Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
Update Your Profile
It is possible that you could be sued and be responsible (liable) if your son causes an accident depending on the exact circumstances of his accident and whether you personally did anything wrong, such as giving him the keys to the vehicle when you knew he was intoxicated. Your question has a lot of different scenarios in which you could be held responsible to discuss them all. If you wanted to protect yourself from any liability for an accident caused by your son then you should remove your name from the title. If your son is the sole owner of the vehicle and causes an accident then, unless you personally did something wrong, could not be sued or held liable for any accident he causes. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Nov 01st, 2012 at 4:51 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
The owner and driver are liable for use of the car.
Answered on Oct 23rd, 2012 at 4:54 PM

Report Abuse
Ronald A. Steinberg
Yes, for a number of reasons.
Answered on Oct 22nd, 2012 at 6:22 PM

Report Abuse
Personal Injury Attorney serving Palm Springs, CA at Gilbert & Bourke
Update Your Profile
Yes, in California the registered owner is liable for injuries caused by a driver who has permission to use the car. However, if you are the owner of the car, you must have insurance on the car. As an owner, your liability is limited to $15,000 for one person injured and a total of $30,000 for 2 or more injured persons.
Answered on Oct 22nd, 2012 at 6:17 PM

Report Abuse
Business Litigation Attorney serving Columbus, OH at E. Ray Critchett, LLC
Update Your Profile
The injured party could try to sue you for negligent entrustment of the vehicle; however, these claims are frequently difficult to prove. If you have insurance on the vehicle, you may want to notify the insurance carrier of the accident just in case there is coverage to protect you.
Answered on Oct 22nd, 2012 at 6:17 PM

Report Abuse
Dennis P. Mikko
The owner of a motor vehicle is responsible for the vehicle. If your son is driving your vehicle, you are liable for any damages that he might cause.
Answered on Oct 22nd, 2012 at 6:16 PM

Report Abuse
Personal Injury Attorney serving Rosemead, CA at Mark West
Update Your Profile
As the owner of the vehicle there might be two theories of liability against you; first permissive use liability which is limited by statute. However, the second theory might prove more troubling for you and that is negligent entrustment. If you knew your son had a bad driving record and was reckless behind the wheel and you had any knowledge he should not have been driving at the time of this incident, you could be held responsible for entrusting the vehicle to him over and above the statutory limits for permissive use.
Answered on Oct 22nd, 2012 at 6:16 PM

Report Abuse
Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
Update Your Profile
As an owner you have liability up to $15K unless you have specific information regarding your son's unfitness to drive the vehicle under a negligent entrustment theory. However, assuming you have insurance that would cover any liability you would have.
Answered on Oct 22nd, 2012 at 5:48 PM

Report Abuse
Steven D. Dunnings
Yes
Answered on Oct 22nd, 2012 at 5:35 PM

Report Abuse
Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
Update Your Profile
As an owner of the vehicle, you are vicariously liable for the negligence of the driver, which means that you would be liable for any injuries that car causes if it's being driven by a driver who has permission to drive it.
Answered on Oct 22nd, 2012 at 5:34 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