QUESTION

Hypothetical: Say I am rich and I have an 18 year old son that is at fault for a car accident that results in multiple deaths.

Asked on Jan 12th, 2012 on Wrongful Death - Illinois
More details to this question:
No drugs or alcohol are involved, he just ran a red light. The court awards ten million dollars in damages. If the title to the car and the car''s insurance are in my name, then will I be on the hook for what the liability insurance does not cover? Would it be different if the car and policy had been in my son''s name?
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1 ANSWER

Michael Clancy
I'm sorry to tell you that the answer to your question is complicated and some of the possibilities require information you haven't provided.  I can, however, provide some general information.  The owner of a car is not usually liable for the negligence of a driver.  There are some exceptions:  if you gave the car to someone you knew to impaired or a habitually dangerous driver (this is called negligent entrustment) or if the driver was on an errand for the owner or for the household when the accident occurred, the owner might be responsible.  Even if this is one of those exceptional situations where the owner is responsible for the driver's negligence, actually collecting a judgment against an individual over and above the amount of insurance is extraordinarily hard.  Bankruptcy will wash out such a judgment, and this is the route that most defendants in this position take.  At the end of the day, it is very, very rare for an auto case to result in a payment by a defendant him or herself (as opposed to his or her insurer).  I hope this helps.
Answered on Jan 12th, 2012 at 1:11 PM

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