Legal Question in Traffic Law in Kansas

No driver's license

My 80 some y/o great aunt had her license taken away 5 years ago due to bad vision but later had cataract surgery and was afraid to take the test after so she bought a new car and had my name only put on the title and my insurance as well, what trouble would I be in if anything happened? I am trying to come up with a good way to sign it back to her so I have nothing to do with it.

thanks.... Jeremy


Asked on 8/16/07, 12:37 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: No driver's license

There is a remote chance that you could be found liable for another person's injuries, while your aunt is driving the car. It is along the lines of negligent entrustment. As you say, the car is legally yours. Her license was suspended. If you allow her to drive YOUR car and she recklessly or maybe even just negligently injures someone, you could be found to be liable for allowing an unsafe driver to use YOUR vehicle. Also, your insurance company may try to deny coverage for that accident, unless they have been kept abreast of yoru scheme to prevent your aunt form taking her driver's exam.

You may sell the car to your aunt for a dollar or in exchange for her having paid the purchase money thus far. But, there are tax implications that you must consider before transferring the car.

Good Luck

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Answered on 8/16/07, 1:23 pm


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