If my young adult son had an accident for which he was at fault but he was uninsured and title to the car was still in mine and my daughter’s names, what is my liability?

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If my young adult son had an accident for which he was at fault but he was uninsured and title to the car was still in mine and my daughter’s names, what is my liability?

He bought the car from his sister and thought he had purchased liability insurance through AAA, however it was only a membership.

Asked on January 26, 2015 under Accident Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the title is still in your and your daughter's names, it should still be legally your car; and therefore, you are potentially liable for any injuries or damages he did. If it is still your car, your insurance should still apply--and you could also sue your son to recover any amounts you do have to pay out (like from a deducitible).

Conversely, if the sale were held to have been consummated or gone through, despite title being in your name still, you would not be liable at all--one adult is not liable for another adult's, even an adult child's, accidents unless the first adult owned the vehicle.

So it should be the case that either you have recourse to your insurance, or you are not liable.


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