QUESTION

what is my liability if I lend my car to my adult son and he is responsible for a serious injury or death of another person?

Asked on Jun 15th, 2015 on Personal Injury - Ohio
More details to this question:
My son has a valid Ohio drivers license but now lives in another state and currently has no car and no car insurance. He also does not have many assets. If I lend him my car when he visits and he has a serious accident, I am worried that I could be sued for damage at amounts exceeding my current car and umbrella insurance which currently $1.3 million. I do not know if that is enough insurance if there is a fatal accident involved or if it is better to not let him use my car.
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1 ANSWER

Auto Accident Attorney serving Maumee, OH
2 Awards
Generally speaking, under Ohio law, an owner of a vehicle cannot be responsible for the damages caused by an adult driver of the vehicle except in two instances: 1. the driver is acting as an agent, employee, or servant of the owner (i.e., is running an errand at direction of owner, delivering goods at direction of owners, etc.), or 2. The owner has reason to know that the driver is not fit to operate an automobile, either because of a mental or physical impairment or disability (which includes under the influence of drugs/alcohol, no driver's license, blindness, health condition, etc.). If neither of these situations apply, then generally the owner of the vehicle cannot be held personally liable for the damages caused by the driver.  So if your son would be in an accident that exceeds your insurance coverage, they could take an excess judgment against your son and his assets, but not your assets, so long as the two scenarios above do not apply.  If you are really concerned about your son driving your automobile, then you can either not let him drive it, or you could increase your insurance limits beyond the $1.3M in coverage you currently have.  Though, to be honest, in most instances, you would have more than sufficient insurance, with the exception of a death resulting from the accident. Best of luck to you.  
Answered on Jun 16th, 2015 at 12:36 PM

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