Expert Advice When You Need It Most

Could I be sued if my brother is in a bad accident driving a car that I own, but his name, not mine, is on the car registration.

Asked over 2 years ago - Sacramento, CA

The pink slip has only my name. I own the car free and clear. The car registration with DMV has only my brother's name not mine. He is the only driver of the car. He has car insurance, but my understanding is that someone could sue if the damage and injuries are above what the insurance would pay.

Flag

Save

Share with:

Attorney answers (4)

Kenneth Lewis Swenson

Reputation Level 15

Answered over 2 years ago. Litigation Lawyer in Yuba City, CA.

Flag

If you are identified as the owner of the vehicle, you could be sued for negligent entrustment. You should consult with an attorney to discuss the particulars of your matter and for any specific legal advice.

Mark as good answer

2 people marked this answer as good

Add comment

Steven Alan Fink

Reputation Level 20

Answered over 2 years ago. Real Estate Attorney in Newport Beach, CA.

Flag

Under the CA Vehicle Code the owner of a vehicle is liable for up to $15,000 damage per person for up to 2 people. If Plaintiff determines you own car, you will be sued.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Mark as good answer

2 people marked this answer as good

Add comment

Michael Douglas Goforth

Reputation Level 13

Answered over 2 years ago. Car / Auto Accident Lawyer in Concord, CA.

Flag

Depending on the circumstances you could be liable. Your brother's insurance will cover to the extent of his coverage, but you could be liable if the injured party proves that you negligently entrusted the car to your brother.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change

Mark as good answer

1 person marked this answer as good

Add comment

Peter Robert Stone

Reputation Level 15

Answered over 2 years ago. Personal Injury Lawyer in Sacramento, CA.

Flag

You cannot be liable. Based on the financial responsibility law your maximum liability as owner, if you are an owner is 15/30/5. That is also the minimum required for any policy. So your brother's policy will protect you. You state you are on the pink slip but he is on the registration. That should not be possible. Normally the registration controls ownership. So if there is an issue of ownership you could be liable, but not over his policy limits. The only potential for that is mentioned above negligent entrustment. But since he is according to you the registered owner with the dmv you have no possbility of liability.

This is based on the information you gave, although it doesn't seem likely your information is correct.

Peter :)

Mark as good answer

1 person marked this answer as good

Add comment