If I only co-sign on my daughter's car loan and she titles and insures in her name, can I be held liable for an accident?

If I only co-sign on my daughter's car loan and she titles and insures in her name, can I be held liable for an accident?
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Answers (4)

Dennis Michael Phillips

Dennis Michael Phillips

Contributor Level 7
Without more involvement, you should not be dragged into this. Drivers and owners are liable for damages caused by the negligent operation of a vehicle. An example of "more involvement" is if your daughter were driving on a business errand for YOU. Contact your insurer to go over the facts and your exposure.

Dennis Phillips, Esq. Florida personal injury & wrongful death plaintiff’s attorney.
Million Dollar Advocates Forum, Mensa, Florida Bar, American Association for Justice, Florida Justice Association, Palm Beach County Justice Association, Broward County Justice Association. www.inawreck.com. Negligence is no "accident" (TM)
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Bryan David Caulfield

Bryan David Caulfield Avvo Pro

Contributor Level 4
Generally only the owner and driver can be held liable in an accident so you could not be held liable under your scenario. Your co-signing of her car loan does not make you an owner nor does it make you liable. Your plan is a good one to attempt to insulate you from liability for accidents caused by her negligence in causing an auto accident. There is one important caveat here that could change the general answer of no you would not be liable under your circumstances. If your daughter is a minor and you signed for her license you could still be liable even though the vehicle was titled in her name only and she was the driver during any accident. There is a law in FL that mkes the person who signed for the licese of a minor also responsible for any accident so watch out here if she is a minor.Your question did not include her age so this is an important consideration and would make you liable if she is a minor under 18. If so, please consult your insuror so you are protected also.
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Dennis Michael Phillips

Dennis Michael Phillips

Contributor Level 7
Mr. Caulfield is referring to another example of "more involvement". See Fla. Stat. s. 322.09 Application of minors; responsibility for negligence or misconduct of minor.--

(1)(a) The application of any person under the age of 18 years for a driver's license must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian; by a secondary guardian if the primary guardian dies before the minor reaches 18 years of age; or, if there is no parent or guardian, by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. This section does not apply to a person under the age of 18 years who is emancipated by marriage.

(b) There shall be submitted with each application a certified copy of a United States birth certificate, a valid United States passport, an alien registration receipt card (green card), an employment authorization card issued by the United States Department of Homeland Security, or proof of nonimmigrant classification provided by the United States Department of Homeland Security, for an original license.

(2) Any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.
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Lars A. Lundeen

Lars A. Lundeen

Contributor Level 8
Generally I would say the answer to your question is no. However, one of the states in which I practice, Vermont, has a famous case which held a grandmother liable for providing the money to purchase her grandson's automobile when she knew of his prior bad driving habits. The grandmother was found responsible along with the grandson for causing injuries to a car accident victim.

The chances of you being found responsible are slim. I do suggest that you consult with an independent insurance agent and determine what an appropriate level of automobile liability insurance coverage should be, given your daughter and your assets etc.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
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