Legal Question in Personal Injury in Maine
My husband and I drive a 2003 Suburban, which was bought by my mother-in-law. The car loan is in her name, however we make the payments. It is registered under my husband's name, and is insured by him and me. My question is this: If my 15 y.o. daughter-who has her driver's permit and whose name is on our car insurance policy- is driving with my husband or I in the car, and gets into an accident, can the other party sue my mother-in-law (if my daughter is found at fault)? Please help! My mother-in-law is refusing to let my daughter drive the truck!
1 Answer from Attorneys
You seem to be pleading for an answer that you want to hear. I assume that your mother-in-law is named as title owner, since she is named on the loan. Unfortunately, if your mother-in-law exercises control over the Suburban or if she is an owner (on the title), then she can be sued. That doesn't mean that she will be sued, but if she gives permission for your daughter to use the vehicle, there is a small possibility that she could be sued. However, if you and your husband are the more direct supervisors over your daughter's use, then you would be the ones more likely sued for her negligent use. As always, a successful plaintiff will always have to prove negligence by someone, before there can be any claim.
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