My daughter bought a van from me, I let her keep it in my name because the plate is still good and she can't afford to have it changed over right now. Now she took her drunk husband back, for the umteenth time. I made it clear he is not to drive that van while it's in my name - he drives drunk. The drunk, however, doesn't respect anyone or anything.
If I know he's out drinking and driving I'd call the police, obviously. But if he causes an accident, would I be liable for damages?
2007-12-12 04:29:50 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
THey start with the driver; if he has no insurance, guess who is next?
If it's not reported stolen, you re implying permission. THey got a key somewhere.
2007-12-12 04:34:21 · answer #1 · answered by wizjp 7 · 1⤊ 0⤋
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2016-08-30 06:53:07 · answer #2 · answered by Katrice 3 · 0⤊ 0⤋
If he drives the van he is liable for the damage, but if the dead beat doesn't have insurance or pay for the accident liability falls on you or your insurance. You might be able to stick your insurance company with the bill and switch companies, but you would still be liable for anything the insurance didn't pay. I would loan her the money to put plates on the van and take back your plates. You should be glad to know that drunk driving usually leads to jail fairly quickly.
2007-12-15 16:08:47 · answer #3 · answered by marytormeye 4 · 0⤊ 0⤋
You and your daughter apparently both make foolish decisions.
If the car is in your name you need to immediately take it back and tell your daughter you intend to keep it until either:
a) She gets rid of the drunk (won't happen)
b) She transfers the title to her name.
Liability belongs to the owner of the car. While you might say you didn't let him drive it the fact is that you know he is living with your daughter and you did let your daughter have the car on a more or less permanent basis. You'd have a hard time arguing later that you had no expectation he'd use the car. Getting your daughter to sign a statement indicating she understands you have allowed her to use the car but only if she drives it might help later. However, if the car is in your name and she is not living with you but is driving it and not listed as an authorized driver on the insurance they might be able to say it is fraud and deny any claims made.
2007-12-12 04:48:11 · answer #4 · answered by Say_What? 5 · 0⤊ 0⤋
In your case, yes.
You have entrusted your daughter with your vehicle. If, while it's in her care, she entrusts it to someone else and he has a wreck, you ARE on the hook.
When you entrust a vehicle to another party, you're responsible for what they do with it - even if that is "let someone else drive it".
Incidentally, who has the insurance on the van? If she bought it but never changed over the registration, it is probably not legally insured. She can't insure it because it's not in her name, and your insurance is no longer valid because it's not yours.
If there's an accident with your son-in-law driving the insurance company WILL look at the circumstances to see if there's a way they can get out of paying.
Richard
2007-12-12 04:38:04 · answer #5 · answered by rickinnocal 7 · 1⤊ 0⤋
You would probably be held responsible. Your feelings for your daughter's ex probably aren't the same as her feelings as she has taken him back again and possibly even given him permission to drive the van. If you can prove YOU told him not to drive the van and that you also told your daughter he was not to drive the van then you may not be held responsible. Good luck.
2007-12-12 04:35:55 · answer #6 · answered by lahockeyg 5 · 1⤊ 0⤋
No.
What he's doing is Trespass to chattel. You're not authorizing him to borrow your car. If he did get in an accident, his insurance would be who they went after. If he didn't have any, then it would go after the car's insurance. Not you personally, but the insurance. You could then implead him personally but I'm assuming he doesn't have any money. If they ever went after anything in your name, it would just be the van's insurance.
They might go after the other person's insurance to help pay for their own damages if the van isn't insured. They wouldn't go after you personally though and if they did you would have a defense.
2007-12-12 04:32:30 · answer #7 · answered by Eisbär 7 · 2⤊ 0⤋
It would hit your insurance unless you report it stolen. In which case he'd owe you for the crash, and would never pay until you sued, and then would still never pay. So yes, even though you wouldn't be liable if you report it stolen, it would still be your insurance paying the bill, at least for the van.
2007-12-12 04:36:30 · answer #8 · answered by wayfaroutthere 7 · 0⤊ 0⤋
I would first take the keys...lol Then check with local laws about it. If you are responsable for damages then I would take the van back or take it out of your name..! Or maybe (contract) of liability comes to mind.
2007-12-12 04:44:49 · answer #9 · answered by Peggy M 1 · 0⤊ 0⤋
If I were you, I'd take the tag off the vehicle. Just because the plate is "still good" is no excuse -- it's ILLEGAL to give your vehicle to someone you KNOW is driving under the influence.
2007-12-12 04:38:08 · answer #10 · answered by Resident Heretic 7 · 1⤊ 0⤋