QUESTION
If my son had a minor accident and the car is still under my name, will I be liable?
Asked on Mar 09th, 2014 on Personal Injury - California
More details to this question:
My 21 year old son was given my old car with the understanding that he maintain insurance and repairs. I have not transferred the title as of yet, but he was involved in a minor traffic accident where his foot slipped off the brake pedal and hit the car in front of him at a traffic light. The other driver was an off duty police officer. Unfortunately, my son's insurance did not take out his premium from his bank account and now says that his insurance has lapsed. The police officer has retained counsel saying that he has suffered personal injuries and is looking to sue me for compensation because I have the title to the car. Am I liable for any damages to his car and any questionable personal injuries? Will this just be a matter of settling out of court and how much might it cost me?
8 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The owner and operator of a motor vehicle are liable for its operation. quit making excuses about foots slipping and the insurance co didn't do this or that. turn the matter over to your insurance co and forget about it. that is what insurance is for. you don't need to worry about it
Answered on Mar 11th, 2014 at 6:12 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Michigan has an Owner Liability Statute that makes the owner of a permissively used motor vehicle liable, along with the negligent driver thereof. So you will have potential liability. The suing party does have to prove their damages and you/your son have a right to contest same if they are not reasonable or causally related to the crash. You should check to see if you had any insurance coverage that would apply for you will have more defenses if there was valid coverage. Your son should also check to see if the cancellation of his coverage was made per the strict terms of the Michigan statute dealing with insurers canceling coverage. You may be best served to consult with, and perhaps hire, local counsel that regularly handles auto neg claims.
Answered on Mar 11th, 2014 at 6:11 PM
Edwin K. Niles
An owner is liable for up to $15,000 per claimant for the negligence of his permissive driver. Do YOU have insurance on the car? if so, turn it over to them. If not, tell the claimant's lawyer; maybe he has uninsured motorist coverage.
Answered on Mar 11th, 2014 at 6:11 PM
James Eugene Hasser
You would not be liable for your son's negligence. You need to make the claim on your son's insurance and get them to either accept or deny it, in writing. If they deny it, consider consulting an experienced injury lawyer familiar with bad faith insurance cases.
Answered on Mar 11th, 2014 at 6:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are asking more than can be discerned from the facts. Yes, you are potentially liable and need to confer with an attorney.
Answered on Mar 10th, 2014 at 11:47 PM
1 Award
If this happened in Wisconsin, the injured person has no claim against you individually. Your negligence did not cause the accident. You are not liable simply because you owned the car. It would be a frivolous suit if the injured person were to sue you. He might be able to sue your automobile liability insurance company, but he has not claim against you individually.
Answered on Mar 10th, 2014 at 11:47 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes you are liable as the owner in California. I suggest you turn the matter to your insurance company and let them take care of it. Hopefully your son is not an excluded driver under your policy and everything should be OK.
Answered on Mar 10th, 2014 at 11:46 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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As long as you are the title owner of the vehicle you have owner liability up to the statutory maximum of $15,000, unless you had some specific knowledge about your son's unfitness to drive a vehicle because he has very bad driving history, then you could potentially have greater liability under a negligent entrustment theory. Would suggest submitting claim to your own auto insurance company.
Answered on Mar 10th, 2014 at 7:27 PM