Will I be liable if my child gets into a car accident? 23 Answers as of February 17, 2012
I have a private loan with my 22 year old son on his car. He has full coverage on it. I have removed my name from the title and am holding it until he pays off the loan. If he would get in an accident and kill someone, would I be liable for this in any way? He does not live in my home.Free Case Evaluation by a Local Lawyer!
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Adler Law Group, LLC | Lawrence Adler
If you are not longer the registered owner, you will not be held liable for your sons accident.
Answer Applies to: Connecticut
Replied: 11/8/2011
Lombardi Law Firm | Steve Lombardi
I really like this question and my advice is always the same. Don't put your name on the title as an owner. Put a lien on the title for the full amount of the loan and enter into a written contract for him to pay the loan. That way if there is an accident two things happen. One you get the loan paid off by the insurance company because you're a lien holder and two you aren't an owner so you don't get sued for damages. You might also want to be added to the insurance policy as an additional insured or lien holder; this way the insurance company is on notice of your lien.
Answer Applies to: Iowa
Replied: 11/7/2011
Alfred Law Firm | Janice Alfred
If your name is not on the title that is registered with the DMV then you should not be held liable for your adult son's actions.
Answer Applies to: Georgia
Replied: 11/5/2011
Klisz Law Office, PLLC | Timothy J. Klisz
As long as you are not owner nor registrant, you would not be held liable.
Answer Applies to: Michigan
Replied: 11/4/2011
Law Office of Jared Altman | Jared Altman
No. Not if you're not on the title.
Answer Applies to: New York
Replied: 11/4/2011
The Law Firm of Shawn M. Murray | Shawn M. Murray
From the facts you have related, it does not appear that you could be held liable for your son's actions.
Answer Applies to: Louisiana
Replied: 11/4/2011
Richard E. Lewis, P.S. | Richard Eugene Lewis
Probably not. I assume he is paying for his own gas, insurance and maintenance. These cases are very fact specific, but if he is on his own and your only interest is security for financing you should be fine. There was a similar case a several years ago and the court held the person financing was not liable.
Answer Applies to: Washington
Replied: 11/4/2011
Cary J. Wintroub & Associates | Sheldon J. Aberman
In the event that someone was killed in a car accident as a result of your son's negligence, you would not be held liable, provided that your son was not acting as your agent at the time that such an accident occurred. However, if you son was running some errand or driving somewhere on your behalf when the accident occurred, you could be held liable for the damages caused by his negligent driving.
Answer Applies to: Illinois
Replied: 11/4/2011
The Carlile Law Firm, LLP | D. Scott Carlile
As long as you are not the legal owner you are okay. If you are not listed as the owner on the title that should be enough. In essence you are just like a bank that loaned money to buy a car. If you borrow from the bank and then have an accident the bank cannot be sued because it is just the lender.
Answer Applies to: Texas
Replied: 11/4/2011
Dunnings Law Firm | Steven Dunnings
If your name is not on the title, you do not need to worry.
Answer Applies to: Michigan
Replied: 11/4/2011
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
No, however, Obama and a stampeded Congress expanded health insurance benefits to 26 year old "children" so who knows how far the Nanny State may erode personal responsibility.
Answer Applies to: Montana
Replied: 11/3/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Do not think you are at risk. However, you should probably have an attorney look at the sales contract and loan documents to be sure.
Answer Applies to: California
Replied: 11/3/2011
Andrew T. Velonis, P.C. | Andrew Velonis
No. You would only be held liable if it were your car and he was using it with your permission. But, you state that you have removed your name from the title, so it is not your car.
Answer Applies to: New York
Replied: 11/3/2011
The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
The only way you would be responsible, or liable, is if you allow your son to drive knowing that he is unfit to do so, perhaps, say, if you gave him the keys knowing he was drunk, or, if he has such a bad driving record that his license was suspended, and you allowed him to drive anyway. The fact that you have a loan on the car in your name means nothing. You said the car is in his name. This further removes you from potential liability, as you do not have the right to stop him from driving.
Answer Applies to: Virginia
Replied: 11/3/2011
Law Office of Mark J. Leonardo | Mark Leonardo
This is a tough question to answer without doing legal research. Seems to me that you are a secret owner and if it it was discovered, you could be held liable. If you were able to get away with this, lots of parents would do it to reduce insurance premiums and avoid liability. That's not the intent of the law. But the owner of a car that was not driving in an accident has limited liability $15,000 bodily injury and $5,000 for property damage. There may be exception, e.g., you allow someone to drive the car that you know is drunk.
Answer Applies to: California
Replied: 11/3/2011
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Your statement makes me wonder. You took your name off the title but there is some name on it as owner. The owner is liable. You can't have your cake and eat it too. You either own this car or you don't. Somebody does.
Answer Applies to: North Carolina
Replied: 11/3/2011
Craig Kelley & Faultless | David W. Craig
No you would not be liable under those facts.
Answer Applies to: Indiana
Replied: 11/3/2011
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
The answer is that under those facts it is doubtful.
Answer Applies to: Texas
Replied: 11/3/2011
Buff & Chronister, LLC. | Curtis L. Chronister Jr.
As a general rule, you would not be held liable for damages caused by an adult child not living in your home solely because you have a lien on the title to his vehicle.
Answer Applies to: Georgia
Replied: 11/3/2011
Kelaher Law Offices, P.A. | James P Kelaher
If the car is not titled in your name, then you have no liability. If the car is titled in his name only and you are only holding the title as collateral, that would be similar to a bank loan, and you are not liable. Just make sure your name is off the title in Tallahassee.
Answer Applies to: Florida
Replied: 11/3/2011
Shaw Law Firm | Steven L. Shaw
Probably not. It is the driver that is responsible for the damage he causes, not the owner of his car (unless the owner gave the driver permission to drive the owner's car and knew that the driver did not have the capacity to drive a car safely, i.e. drunk). There are some cases where a family member that lives with you, using a 'family car', can include you under something called the "Family Car Doctrine" but it's application is limited. I would speak with your insurer about all of these situations before they happen to make sure you are covered.
Answer Applies to: Washington
Replied: 11/3/2011
Broad Law Firm, LLC | Donald K. Broad
I would say that you would not have any liability. You do not own the car (name is not on the title) so you cannot negligently entrust it and you would not be the driver. Your only connection to the car is that he owes you money on it.
Answer Applies to: Indiana
Replied: 2/17/2012
