Our liability if someone is drunk using our car
Our son has just received his second DUI. He was involved in a accident that was not his fault, but his car was totaled. He has a very good job and needs to keep it. So we have given him the use of our car, with the stipulation that he can not drink and drive. Here is the the question, if he would get into a accident where he had been drinking and he killed someone, with our car. Knowing that he has had this problem with alcohol could my husband and I be sent to prison because we knew the danger that he could be to the public? I know that this all sounds like we are very stupid parents to even trust him again, just trying to help. What is the worst case scenio that could happen to us? We are not going down with him. Thanks
2 Answers from Attorneys
Re: Our liability if someone is drunk using our car
First, your son's license is likely about to be suspended, for if he tested over the legal limit or refused testing, there is an automatic suspension of his license. Certainly you need to be aware of that, and not allow him to use your car under any circumstances if he is suspended.
Regarding your potential liability if he uses your car, surely in an accident you will be sued as well. There is the possibility that you might be held criminally liable also on an accountability theory, though that is somewhat of a stretch of the law, but given the atmosphere these days surrounding DUI, some prosecutor may attempt it. It sounds like you should not be allowing him to drive your vehicle. Upon conviction of the second DUI he will have his license revoked. There is also the possibility that your insurance carrier may attempt to deny coverage of an accident if he drives the car with your knowledge and harms someone. There are no good reasons for you to be taking the risks.
Re: Our liability if someone is drunk using our car
This is called negligent entrustment. I doubt that you would go to jail, but you might lose everthing that you worked for all your lives. My advise would be to tell your son to find alternate means of transportation to work.
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