My daughter is allowing her boyfriend to drive a car that she and I are on the loan and registration together.

Your car's insurance coverage will include permissive drivers, and your daughter's boyfriend is a permissive driver. But if the bf has an accident, you'll probably still take a financial hit. Any accident would get charged against your insurance, and your rates may go up as a result even if he's not at fault. If the bf is at fault and injures someone so badly that the damages exceed your policy limits, you'll be sued. If he;s not at fault, you'll probably get your deductible back or not have to pay it, but if he's at fault, you'll have to pay the deductible for any claim. If the car is totaled and you don't have "gap" insurance, you could end up owing the difference between the car's actual worth and what its current "fair market" value might be. None of this takes into account the hassle, aggravation, and time you have to spend dealing with insurance agents, possibly cops, rental cars, etc. in the event of an accident.

Two DUIs is plenty of reason to be nervous about his driving the car, and it seems good luck that there's been no accident or damages yet . You might want to tell your daughter that as long as you pay for the insurance and have assets, the bf can only be a passenger.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

The owner of a vehicle is liable for the damages caused by theactions of the operator up to certain financial limits in Vehicle Code Section 17151, below. You might want to get off title to the vehicle and have your daughter get her own insurance to protect your assets. You might also worry about her choice of boyfriends and her safety.

17151. (a) The liability of an owner, bailee of an owner, or personal representative of a decedent imposed by this chapter and not arising through the relationship of principal and agent or master and servant is limited to the amount of fifteen thousand dollars ($15,000) for the death of or injury to one person in any one accident and, subject to the limit as to one person, is limited to the amount of thirty thousand dollars ($30,000) for the death of or injury to more than one person in any one accident and is limited to the amount of five thousand dollars ($5,000) for damage to property of others in any one accident.
(b) An owner, bailee of an owner, or personal representative of a decedent is not liable under this chapter for damages imposed for the sake of example and by way of punishing the operator of the vehicle. Nothing in this subdivision makes an owner, bailee of an owner, or personal representative immune from liability for damages imposed for the sake of example and by way of punishing him for his own wrongful conduct.




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.

I beg to differ a little bit with attorney Koslyn's advice. You advised that your daughter and this boyfriend rent together. If your daughter has not informed her insurance carrier that she lives in the same household with this boyfriend with a prior DUI and that he has access on a regular basis to the vehicle, I suspect that the insurance carrier will disclaim coverage because of your daughter's failure to advise them of this driver in the household. The carrier can claim fraud in the inducement of the insurance contract by not providing this information.

Many states impose full or limited liability on car owners for any negligence committed by drivers of their car. I suggest that you remove yourself from the title of this vehicle as soon as possible in order to prevent future entanglement. To protect your daughter, you should make sure that she has appropriately issued automobile liability insurance coverage for the future. She must disclose the live-in boyfriend or otherwise jeopardize losing coverage when she needs it the most.

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.