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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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My 19 year old son received a car from my husband and I for

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My 19 year old son received a car from my husband and I for his HS grad. present. He lives with his dad when he is home, and goes to college in another town in AR. The car and insurance is in my husband and my name until we get it paid off. Are we liable for any accidents that he may have? Thank you Beverly
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. Please help me understand, is your son also a named insured on the car?
Customer: replied 3 years ago.


Thank you. If your son is not named on the insurance, then, yes you and your husband can be liable. It is possible that the insurance company would not provide coverage of any accident that he's involved in and then you/your husband would be liable under a theory called "negligent entrustment." This, of course, assumes that your son CAUSED the accident.

If your son did not cause the accident, then you do not have a liability exposure.

You may want to seriously consider signing the car over into your son's name only and having the insurance in his name. That way, you are out of the liability look.

Or, at a minimum, have your son added to the insurance policy. If he's not on the policy, you are exposed.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
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