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Angel's picture

If my dh lends his son a car at 18 (an old beater)and the biomom insures him, if there is an accident of monumental proportions (worst case scenario), would my husband be liable for anything because he holds the pink slip? All our finances are separate-----but could they financially come after me? I say just give him the pink slip & have him register it in his name.

Sus's picture

At 18 he is considered a adult. It has to be insured under who evers name is on the title. so if the title is under YOUR Husband, then insurance must be, and yes he would be liable.
IF the car is a Junker,Give it to the kid..let him get insurance & reg. in his own name.
I had that problem with MY grandson..Now he has it all in his name..he has NOTHING to Loose...I do...So Gave it to him ..reg & unsured in his name...cost more..But NO Liablity on any of us( family) who own property etc.

soverysad's picture

Sus is right even though BM pays to insure him, any accidents he is in are ultimately the responsibility of the car owner (your insurance covers "uninsured" drivers). And if someone were to sue, it would be the car owner's liability. I never lend my car to anyone for this reason and I never borrow a car for this reason (I did when I lived at home with my parents). SS should have a car registered in his name.

"God is great, beer is good, and people are crazy" and you can't change crazy!!

onehappygirl's picture

I work in subro law in Kentucky. If the car is owned by your DH, your DH is responsible. Insurance will cover to a certain percent, but it is the OWNER, not the driver, who will be responsible for what insurance does not cover. Sign the car over to your SS.
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Sarah101's picture

Yes, your DH is liable if he holds title on the car. He will also be liable for all parking and speeding tickets. He won't be able to get his own car registered (or yours, if title is in his name) until all tickets are paid on SS18s car. And if SS18 gets into a accident and kills someone, your DH will be sued and you could lose everything you have together.

So have DH title the car to SS18. It's the best way to protect yourself, and the best way for SS18 to learn responsibility.

Denial's picture

Liability follows ownership - when I was divorced from my Ex - the car he ended up with in the divorce, I signed off the title.

Genius never filed with the state and re-registered. He was in a drunk driving accident that injured a young girl. So...when she sued - I was sued as well. Even though the divorce was final 2 years prior, insurance was in his name, etc - I was included in the lawsuit. My saving grace was I signed it the day of court and had the county clerk provide me with a copy right there and notarize that she witnessed it. I didn't have to pay anything to her, however it cost me close to $3500 for my attorney and the fight.

You should make him re-register in his name in case something happens.

DoingItAgain's picture

Oh I have another scenario for you all... Biodad owns and insures car (for himself as driver... not the son). But son18 lives in my house (SM and StepDad). The insurance company always asks if there are any other licensed drivers in the house. I tell them 'no'. Son18 has our address on drivers license. Can we be liable if there is an accident?

soverysad's picture

You shouldn't be telling the insurance company no. You should be telling them yes. SS has a license and resides in your home. If he gets into an accident and gives the police his ID with your address, the insurance company can claim fraud.

"God is great, beer is good, and people are crazy" and you can't change crazy!!

StepChicka's picture

In my state there's a difference between the title holder and the registered driver. The title holder would NOT be responsible if the registered driver is your SS. DMV does this for indivuals who don't out-right own the car yet..paying it off in loans. Otherwise banks would be sued for cars not yet paid off.

Call the DMV in your area and find out for sure if this applies to you. If it doesn't then sign the car over.

I'm not sure if BMs insurance covers SS if he's driving his father's car either. What I said before might be a mute point.

Just look into things

Angel's picture

THANK YOU GUYS SOOOOOOOOOOOOOO MUCH! You guys all rock. I will inform my husband of this information and HE WILL sign it over to his son.