Potential Liability for Co-Signing and Registering My Son's Car
Situation:
State of Illinois
Son moves out of the house. Father co-signs for an auto loan, as well as co-registration of the auto with the DMV.
Son has his license suspended, cancels the insurance on the auto. What is the potential liability to the father if the son (age 19)
has an accident & causes massive property damage, personal injury, or death. Loss of house?!!, Perpetual garnishment of wages?!!
Any help is greatly appreciated!!
Thanks in advance
Re: Potential Liability for Co-Signing and Registering My Son's Car
Sell the car. Pay off the loan.
Tell sonny boy to get his own car and his own insurance.
Re: Potential Liability for Co-Signing and Registering My Son's Car
Regardless of who is driving, Illinois law appears to impose sanctions on the owner of a vehicle that is involved in an accident, if the owner does not at least have insurance relating to himself and his own driving. See 625 ILCS 5/Ch. 7, Art. II. For direct responsibility for an accident, Illinois appears to recognize common law vicarious liability, meaning that liability to the owner can result from such factors as knowingly entrusting the vehicle to a bad driver, but I don't see any provision which makes the owner automatically liable for a driver's actions.
Selling a jointly titled car is tricky if the co-owner isn't cooperative. But you probably have an equal right to possession, if you want to take control of the car. If sonny paid for the car, consider titling it over to him so that it isn't your problem any more.
Re: Potential Liability for Co-Signing and Registering My Son's Car