Can the co-signer of a car loan be sued?

UPDATED: Sep 30, 2022

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Can the co-signer of a car loan be sued?

If a driver is at fault of an auto accident and is being sued, can the co-signer of the car loan also be sued?

Asked on July 20, 2017 under Accident Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Co-signing a loan, *as long as* you are not also on the title (i.e. not also an owner of the car) does not make you liable for accidents. A vehicle's owner or co-owner can be held liable, even when not driving; but if all you do is co-sign or guaranty a loan, then you are not responsible for the vehicle--only for loan payment (so you could be sued by the lender, if your child does not pay). Just make sure you are not on the title of the car. (And make sure your child has adequate insurance anyway; insurance is the first line of defense against car accident liability.)

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