If my wife let’s her unlicensed son drive her car and he has an accident, can the liability reach all the way back to me?

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If my wife let’s her unlicensed son drive her car and he has an accident, can the liability reach all the way back to me?

I’m recently married. My wife has a son that is 21 years old and lives in San Marcus Texas with his girl friend. My wife has an old car titled in her name that she lets her son drive for transportation, however has no driver’s license or insurance. The car is inspected but it has a registration sticker in her name. What happens if her son is in an accident and someone is hurt or worse?

Asked on January 26, 2015 under Accident Law, Texas

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

If your stepson gets in an accident, he is going to be in trouble for driving without a license.  You wife could also be liable for damages under the theory of "negligent entrustment," for letting him drive the car knowing he has no license and no insurance.  You personally should not be on the hook, unless you live in a community property state and you and your wife have acquired money and property since you got married.


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