Legal Question in Personal Injury in Massachusetts

I am the first/only lienholder on my Grandson's car. If he causes an accident, can I be sued by anyone he injurs, or damages he causes?


Asked on 5/02/10, 12:43 pm

2 Answers from Attorneys

Roger Turgeon Turgeon & Associates

Simply holding a lien on a viehicle is not a basis for being held liable for injuries caused by someone driving that vehicle. Imagine if everyone hurt in a car crash could sue the bank that lent the money to the owner of the responsible car!

On the other hand, if you own the car and control its use, and if you let your grandson use it knowing that he is "an accident waiting to happen", like, for example, he is drunk, then you can be held responsible for"negligently entrusting" the car to him.

Finally, if the car is in your name, anyone who is driving it at any given time is presumed to be acting on your behalf, such that you are vicariously liable for his negligent driving, unless you can prove that the driver was not in fact acting on your behalf.

Read more
Answered on 5/07/10, 1:51 pm

To answer your question directly, yes, someone could sue you, but it is unlikely the suit would be successful. Commercial lienholders typically require the car holder to purchase significant insurance limits and to name them on their insurance policy. You might want to consider doing this to protect yourself if you are concerned about this issue. Regards, JBS

Read more
Answered on 5/08/10, 4:31 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Massachusetts