Liability if you are on the car registration as co-owner?

Question

If a co registered owner of a car which his unlicensed cousin (other co-registered owner) was driving DUI and killed someone (my son) are both parties liable.? This is for the state of Washington. The cousin had limited insurance $50K however the co reistered owner does have assets.

Answer 1

Insurance coverage is complicated, but this is something that reverts back to a more common sense answer. Insurance is considered to "follow the vehicle" in most cases and the vehicle owners insurance is primarily responsible for damages. Both owners will not be required to carry insurance on the vehicle though. If the one who primarily drivers the vehicle has insurance on it, then the law has been satisfied.
The one who caused this loss, considered the tortfeasor, would be the person named in any suit(no matter who’s insurance covers the vehicle). Most all states see that it would not be fair to punish a party that is not responsible for the loss(the co-owner) unless they contributed to this loss in some manor. Now anyone came be named in a suit but that does not mean that the suit will prevail. The most common example of a co-owner being sued for additional damages is when they are the parent or guardian of the driver(and the co-owner or sole owner) of the vehicle and a suit is brought for negligent entrustment(stating that the parent and co-owner should have known about the drivers propensity to drive under the influence.) If the driver had a history of DWI then this suit may be successful.

Answer 2

If I recal correctly, the owner can be held responsible to start with in WA. On top of that, there is the possible issue of Negligent Intrustment. That is, if the driver had a history of drinking and driving (he was unlicensed.. why?) and his cousin knew this, you could argue that the non-driving cousin should have taken the keys away or made the vehicle inaccesable to the drunk driver. It's a stretch but when it comes to a person being killed, it would probably fly in court. Also, no carrier is going to take a chance and roll the dice in court.

So I'd have to say, yes, the non-driving co-owner would be held liable just as the driver would (on two accounts).

It's not clear who's insurance is offering the $50k. Why would a carrier insure the driving cousin if he was unlicensed. They should only do this if they did not know he did not have a license. If the non-driving cousin is the co-owner of the vehicle listed on the policy then it may be appropriate for the carrier offering the $50k to add his name to the release they will have you sign before paying the $50k (should be done if he's considered and "insured" under the policy).

Having assests does not guarentee payment. There are many assests that a judgement cannot be attached to. Also, if the assests are property, you may need to wait for them to be sold before you could collect on a judgement. As such, many attorneys might not be willing to take it to court to obtain a judgement. They would be putting considerable time and and effort (read, money) into the case and then it might be 20 years before they see one dime more.

Lastly, if an attorney took the case, they'd also be taking $16,500 off the $50k for doing nothing. If they went to court, that $16,500 would probably turn into $20k plus expenses. So you'd be getting less then $50k. I'd hope that any attorney willing to take your case would agree to leave the $50k to you (I doubt it) as they would have done nothing for that $50k (it was already being offered).

Answer 3

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RE :Liability if you are on the car registration as co-owner?
If a co registered owner of a car which his unlicensed cousin (other co-registered owner) was driving DUI and killed someone (my son) are both parties liable.? This is for the state of Washington. The cousin had limited insurance $50K however the co reistered owner does have assets.
Follow 4 answers

Answer 4

Registered Car Owner

Answer 5

Most insurance companies will not cover an unlicensed driver. The co-owner can be charged with allowing an unlicensed driver to operate the vehicle and be held responsible for all claims. You need an attorney quickly.

Answer 6

If you live in a state where liability insurance is a requirement, then any owner of the car is liable. Contact an attorney. Most personal injury attorneys will give a free consultation.

Answer 7

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