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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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My wifes parents are both fixed-income and elderly, and live

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My wife's parents are both fixed-income and elderly, and live in our home. My wife and I live in our guest house. Both of her parents are physically compromised to some extent; her father has had a stroke with very significant hand/coordination impairment.

We believe they should not be driving their car, certainly not her father (the stroke victim).... As yet, the state has not taken away either of their driver's licenses, but my wife and I fear the chance of a traffic accident is very high.

We are trying to convince them to give up their licenses, and certainly for her father to give up driving. In the meantime, as they live on our property and in our home, should we do anything to protect ourselves from liability in the event they were to have an accident? Could an injured party make claims against us for an accident caused by either of my wife's parents? Does inaction on our part re: reporting them to the state DMV impact this potential for liability?
Submitted: 4 years ago.
Category: Legal
Expert:  Brandon M. replied 4 years ago.
Hi there:

who owns the vehicles that they are driving? Who's name is XXXXX XXXXX title?
Customer: replied 4 years ago.
They own the car and say they have insurance. We claim that they are "renting" our house from us, but no money changes hands.
Expert:  Brandon M. replied 4 years ago.
Are there any other assets that either of them shares in title with either you or your wife?
Customer: replied 4 years ago.
THere are no assets of any kind purchased or held in common other than the fact that they live in our home rent free... They live in our home, but only my wife and I appear on that title. No others financial or ownership ties on anything...
Expert:  Brandon M. replied 4 years ago.
Last question (probably): do either you or your wife share their auto-insurance policy with them?
Customer: replied 4 years ago.
No (and it sounds like we should not ever slip them money to help pay fir it)...
Expert:  Brandon M. replied 4 years ago.
Hi again:

people are not ordinarily liable for the auto accidents of tenants/guests/occupants simply because they share a residency or live on their property, even if it is a family member. I do not see any vulnerablity here for you or your wife: the title is in their name, they are two grown adults, they do not share any assets, they are not on the same insurance policy... there is really not a basis for anyone to get at you based on what you have said unless they are driving as your employees. Do not be dissuaded from giving them money to help pay for their auto insurance, but the main thing is to keep everything separate. I would also hope that they have high policy limits so they will be insured if they do cause an accident. I also would not let them drive your car, if that's not obvious, but you still need to consider doing what you can to keep them from putting themselves and other innocent people in a dangerous situation.

Let me know if more information is needed, and please remember to click "accept". Thank you.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12235
Experience: Attorney experienced in numerous areas of law.
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