Legal Question in Personal Injury in Colorado
If my wife and I, whose legal residence is California, own a car that is registered in Colorado and is almost always driven by someone else, who is liable, beyond insurance coverage, for personal and property accidents when the car is driven by the "someone else"? My wife and I or the usual driver? Does the 'owner' of the insurance policy have a bearing on who is liable?
1 Answer from Attorneys
This is a very complex question which raises issues of choice of law (does colorado or california law apply) and imputed liability doctrines. There simply is no quick answer, but important factors include who the "someone else" is and your relationship to that person and the car. However, if you are being sued, or blamed for an accident involving the car, the prudent course of action is to report that to your insurance company. Most likley, it will either cover you for the liability or provide an attorney for your defense if your liability exceeds the policy limit, or both.
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