Legal Question in Personal Injury in Wisconsin
Person #1 buys a car but because he does not have a license person #2 puts the car in his name. Person #1 has an accident and is fined due to no license. Is person #2 liable for the accident solely because his name is on the title even though person #2 was not driving or in the car at the time of the accident?
1 Answer from Attorneys
Yes, any good personal injury lawyer would generally sue both the owner of any car involved in an at fault accident as well as the driver of the car, and, if nobody fought liability, could win a default liability judgment against both. If the auto owner fought liability, he might have a chance of winning, but it would be an expensive fight with an uncertain outcome, and worst of all, the WI State DOT would like attempt to revoke the driver's licenses and vehicle registrations of both parties if there was no liability insurance covering the vehicle. If either driver did not fight this revocation attempt, they would likely lose their privileges until the injured party's damages were paid or a deposit posted in the likely amount of those damages. This revocation does not necessarily require a court finding of liability but instead only a possibility of one, making these proceedings very difficult to win for either the driver or the owner of the car. Assuming that the accident did not involve drunken driving, however, either driver could prevent both the revocation and the liability judgment by filing bankruptcy, which can normally discharge such claims, provided that it is done early enough in the process. If you are in either situation, you therefore owe it to yourself to promptly schedule an appointment with an experienced bankruptcy lawyer. However, in order to prevent this mess in the first place, one should never allow anyone else to operate a vehicle which is titled in their name, regardless of who paid for the vehicle. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice which is specifically intended for you alone. Answers on this website may also contain attorney advertising materials.