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Q: My adult son lives with me in our San Diego County home and drives my car. Am I responsible to pay for damages and injuries if he has an auto accident? Should we put the car in his name?

A: Under California law, you are statutorily responsible for the first $15,000 of injuries caused by someone you allow to use your car with your actual or implied permission. This limit of liability exists whether you knew or should have known your son would cause an accident--or if your son was simply unlucky and had a momentary lapse in care. If you have auto insurance, your insurance company will pay for these damages (although you would be responsible for the deductible).

In addition, though, if you know or should have known that your son had any prior accidents, had a propensity to drive your car dangerously or negligently, or that your son would drive under the influence of alcohol, you may be responsible for all damages caused by your son. This would happen under a theory called negligent entrustment.

It would probably be a good idea to put the title of your car in your son's name and have him take over all responsibility for the vehicle. If that happens, you will have done quite a bit to shield yourself from liability.


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