Legal Question in Personal Injury in California
Liability for auto accident in joint ownership
My 18 year old daughter recently had a car accident. Both my wife and daughter are on title. We can prove through bank records that my daughter makes the payments on the vehicle. The person my daughter hit has contacted us because my daughter is not returning his phone calls. The question is, since the car is in my daughter's name and my wife's name, are we liable for this accident or can we simply tell the person she hit that he has to deal with her because she is 18.
2 Answers from Attorneys
Re: Liability for auto accident in joint ownership
As owner of the vehicle, you are liable under the permissive use statutes. Liability is capped at $15k for injury to one person, $30k for injury to more than one person, and $5k for property damage. Cal. Vehicle Code Sections 17150-17151. In addition, your insurance may cover your daughter.
Re: Liability for auto accident in joint ownership
Generally speaking, the driver and owner of a vehicle may be sued as a result of an accident. The driver may be sued for negligence and the owner may be sued for negligent entrustment. Therefore, if your name is on title, you should make sure that there is liability insurance in full force and effect.
You should turn the matter over to your liability carrier for further action. If there is not any insurance, you should retain an attorney to represent your interests.
We have not reviewed any materials in this matter. The information provided is general in nature.
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