The car that I drive is in both my father’s and my name. The insurance is in my name only. If I am in a car accident, can my father be held liable?

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The car that I drive is in both my father’s and my name. The insurance is in my name only. If I am in a car accident, can my father be held liable?

The car is now paid off, and we could switch the title over to me now, but I’d rather not deal with the headache if he cannot be held liable anyway. I also receive state aid, so I would have to do paperwork on that end also. Thank you.

Asked on May 18, 2009 under Accident Law, Missouri

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, your father may be held liable as one of the owners of the vehicle.  If you should have an accident in which you are at fault, and the other driver is injured, he could, potentially, sue both of you.  If you do not want your father to have any potential liability, possibly exposing his assets to ristk, it would be a good idea to switch over to your name only.  It may take some paperwork now, but it will save a lot of headaches for your father later.


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