If my adult son took my car without my authorization or knowledge and was in an at fault accident, how do I protect my assets?

UPDATED: Feb 23, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 23, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my adult son took my car without my authorization or knowledge and was in an at fault accident, how do I protect my assets?

The other vehicle involved was a van and there were 5 elderly occupants. They were seen at the hospital complaining of head and neck pain. My son was not an insured driver and I don’t have a large policy, so I am in fear any of the people in the van could sue me and take my home. I did file an unauthorized use of vehicle report with my local police dept. Should I consider signing my property over to my oldest son, who’s executor of my estate, to keep it out of any possible lawsuits? I am on social security disability but my small home was purchased with money I received from my divorce last year.

Asked on February 23, 2015 under Personal Injury, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can't really protect your assets after an accident, since if you are sued and the other side have even halfway-competent lawyers, they'l find out about the transfer(s) and have them set aside as fraudulent conveyances designed to defraud creditors. And if you sign it over to your son, you no longer own it--so he could, for example, mortgage, sell, etc. it no matter what you want.

Better would be to file bankruptcy IF you are sued and IF you end up having to pay alot more than you could afford.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption