Could I be sued if my son gets in an accident and my name is on the title?

Question

I co-signed for my sons car loan. if he were involved in an accident and caused the accident can I be sued  because my name is on the title?

Joseph B. Iarussi · Answer

Yes, you are responsible for your son and any damages he causes.

Robert Lucky · Answer

No, you can not be sued just because your name is on the title. However, if your son is under the legal age of majority, then you can be named to the suit as the responsible parent. Also, if you maintain a policy of insurance on the vehicle in addition to your son's policy, then you may be named as well so you are the named insured.

Houston D. Smith III · Answer

You do not mention your son's age; there is a doctrine called the Family Purpose Act which allows a parent to be vicariously liable for the negligence of a son or daughter if the parents provide the car for the child.  Other than that situation, you are likely not liable for the negligence of your son while he is driving.  You cannot be liable simply because your name is on the title with no other factors.

Jeffrey Wittenbrink · Answer

You cannot be sued simply because you co-signed a loan, but if you helped to provide a car to someone whom you knew or should have known was a poor driver, whether by driving record, DWI experience or otherwise, you may be held liable for what is known as "negligent entrustment."

David Stoddard · Answer

No just because your name is on the title. There is a Family Purpose Doctrine which makes an individual who provides a car to a household member to be used for the convenience of the household.  This would normally apply to a parent who provides a car for his wife or child, or both.  If your son is not a household member or if he is making the car payment, the doctrine would not apply.

Marty Judnich · Answer

Anyone can be sued, it is a matter of whether you are liable or not. If your son is a minor, there is a possibility. If you were somehow negligent in entrusting him to a vehicle, maybe. Other than that, not likely.

Bernard Huff · Answer

Consult with an accident or personal injury attorney to answer your inquiry. If your son is a minor, you may be sue as his parent.

Paul Whitfield · Answer

Yes. Lawyers usually sue the driver and the owner. Insurance is usually in the owners name

Andrew Velonis · Answer

The answer is yes:  New York State Vehicle and Traffic Law Section 388 provides that the owner of a vehicle can be held liable for the negligent acts of a permissive user.  Talk to your insurance agent to make sure you have proper coverage.

Eric Chandler · Answer

In Nebraska, if your son is under the age of 19, then yes.  If not, no.  The lawsuit is against the negligent party.  Whoever was driving the car and caused the accident is the negligent party.

Jared Altman · Answer

There's a difference between being "on title" and being a "cosigner". If you are on title then yes, you could be responsible. But that's only if a judgment is obtained in excess of insurance. If you are only a cosigner then no, you have no responsibility.

A. Woska · Answer

The short answer is yes, because as the title holder and the most responsible party most likely to have insurance or money to pay damages, you will always be a target if your child drives a vehicle titled in your name, has wrecks and people or property are injured.

Ronald Lowry · Answer

There is such a thing in Georgia law as the Family Purpose Automobile Doctrine. If you own the car and pay for all the insurance/maintenance, are head of the household, your son lives with you and you allow him to use your car as a convenience to you that doctrine applies. If he owns it and you just co-signed, but he is paying for it especially if the car is in his name you should be safe. You can be safe even if the car is in your name if he is the one actually paying for it or if he doesn't live at home. this doctrine is often very fact-intensive.

Steven Fink · Answer

Yes.  The owner of a vehicle is liable for up to $15,000 if a driver is involved in an accident.  In addition, you can also be sued for negligent entrustment if you know your son is not a good driver.

Mark Leonardo · Answer

Yes.  Your liability is limited though.  I believe the statute caps bodily injury at $15,000 and property damage at $5,000.  If you have insurance, this will be covered.

Lyle Masnikoff · Answer

Yes

Andrew Myers · Answer

Easy answer:  do not allow the car out of the driveway unless it is insured and son is a named driver.   Yes, I know, insurance is not mandatory under New Hampshire law.  See first sentence.  Apply common sense and not law.  If you know of a dangerous propensity of the son and you allow him to drive, yes, you could be named in a civil action and there would be an attachment.

Timothy Klisz · Answer

Yes. Google owners liability in Michigan. You can be held liable in a civil action.

Russell Gray · Answer

Probably, you can't be sued simply for being on the title and/or on the car loan.  The only exception would be if the other side has grounds to sue you for "negligent entrustment" meaning they can show that you knew or should have known that your son was too dangerous to be behind the wheel, and you allowed him to drive the vehicle anyway.  The other side would have to base their claim against you on some wrongdoing that you committed, not the mere fact you have an ownership interest in the car.  Your son should have insurance to deal with any claims anyway.  Refer any lawsuits or liability issues to the insurance company.

James Kelaher · Answer

Yes. In Florida, both the driver of the vehicle and the owner of the vehicle are responsible, so long as the driver had the owner's permission to use the vehicle.

Thomas Bulman · Answer

There is a claim called negligent entrustment that might create liability for you.  If you ignored the fact that your son was very careless and still let him use the car, a jury might find you responsible if his conduct was bad enough over a long enough period of time.  Unlikely, but possible.  Always make sure the vehicle is insured or it doesn't move.

Matthew Kaplan · Answer

Yes you can be sued for sons actions.

Eric Rothstein · Answer

Yes. If you are an owner, you can be sued.

David Craig · Answer

Typically you cannot be sued for the ordinary negligence of your son. Indiana does not have a Family Purpose Doctrine.  However if you signed the Financial Responsibility Form at the BMV then in Indiana you can be held responsible for the damages caused by your child until they turn 18 years old.  However if your son is older than 18 years old you cannot be held responsible for the damages he causes simply because your name is on the title.

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Could I be sued if my son gets in an accident and my name is on the title?

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