Legal Question in DUI Law in California
Death in a DUI case and the Liability of a Co-signer
I am preparing to co-sign for someone who has a tendancy to tip the bottle. If this person gets into an accident while under the influence and the accident results in death, could I be sued or held partially responsible due to my being the co-owner of the vehicle? The person I am co-signing for is a relative, but not my spouse.
3 Answers from Attorneys
Re: Death in a DUI case and the Liability of a Co-signer
There was a case in Alameda county where the parents purchase a car for their son. As I recall the parents names did not appear on the title of the car. They merely provided the money to purchase the vehcile. The son got drunk and was at fault in a serious accident. The victim sued the parents on the theory that they negligently provided a car to an individual they knew their son was an alcoholic and would drink and drive. Co-signing for the loan is not the same as buying the car, but it may lead to the same circumstances.
Re: Death in a DUI case and the Liability of a Co-signer
Thanks for your posting.
Can you be sued if you are listed on the registration of a vehicle? YES. Note that the fact that you have co-signed for the vehicle means nothing, but California law allow the registered owner of the vehicle to be sued, and if the vehicle is not insured, you can be sued for the full amount (subject to you filing a lawsuit to reimburse you), personally.
You didn't mention if you are to be listed on the registration, but typically lenders want the co-signer to be jointly listed. It's your name as the owner of the car on the state records that opens you up to being sued, not the fact that you have co-signed for anyone.
I hope this helps, but if you need additional assistance, have other questions, or feel you need representation, please feel free to email me at [email protected]. I'm happy to help you if I can in any way.
Re: Death in a DUI case and the Liability of a Co-signer
Anyone on title gets sued in serious crashes. You put yourself at risk.