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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102301
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in illinois. My husband bought his 18 year old daughter

Customer Question

I live in illinois. My husband bought his 18 year old daughter from a previous marriage a car. The car is titled in her name only. The insurance is in his name as well as hers. If she gets in an accident and is sued, what is our liability? Can my bank accounts which are in my name only be taken as part of a judgement?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
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If she gets in an accident and is sued, what is our liability?
None. She is 18, and adult, and the vehicle is owned in her name only. There is no vicarious liability for parents since she is an adult. Parental liability under 740 I.L.C.S. § 115/3 ends when the child becomes an adult.
There is no vicarious liability for the fact that he purchased the vehicle for her. There may have been had he kept his name on the title, but because he did not, the doctrine of negligent entrustment (see here) would be virtually impossible to apply, making him not liable.
Can my bank accounts which are in my name only be taken as part of a judgement?
Since your husband is not liable, then not directly, no.
HOWEVER, if she does get a judgment against her, and she is an owner/authorized user of a bank account with you or him, then whatever account she shares may be liable to be levied for the judgment. As such, it may be a good idea to not have her be on any of said accounts, if you feel she may be liable for a judgment down the road (no pun intended).
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