Name on title and Child had an accident

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Name on title and Child had an accident

I have a 24 year old daughter and she had an accident in a used car that I brought her. I purchased liability insurance for her in Sep 2016 and I think that she did not pay the insurance for Oct 2016 when she had the accident on Oct 22, 2016. Both our names are on the title, what is my responsibilities under Texas Law?

Asked on November 29, 2016 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since both you and your daughter are the registered owners of the vehicle since both names are on the title, both of you are liable for the accident even though you weren't present.
If your daughter was at fault in the accident, you are liable for the property damage (cost of repairs to the vehicle not at fault in the accident) and you are liable for the personal injury claims of each occupant of the vehicle not at fault in the accident.  The personal injury claims will include compensation for the medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.
Without insurance, you and your daughter will be sued for negligence by the party not at fault in the accident.  If you and your daughter can't afford to pay the court judgment against you, at that time it would be advisable to file bankruptcy.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.
 


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