If my name is on the vehicle title with my child, can I be sued for an accident that was my child’s fault even if I was not in the vehicle?

Asked on October 8, 2011 under Accident Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you can.  Generally speaking, the plaintiff's attorney will sue not only the driver of the vehicle but the owner as well.  This is because in many states the law is that the owner of a vehicle is vicariously liable for the negligence of the driver of the vehicle.  This is how it is in New York.  You will need to double check this in your state of Oklahoma as well.  You are both the owners of the car and the plaintiff's attorney - the one who is going to sue you - can not take the chance that they do not get the insured party in the suit either.  If in fact you do get sued send the papers to your insurance company asap.  You also need to report any accidents had asap or your insurance company will disclaim.  And please make sure that you are not under insured.  Good luck.


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