Legal Question in Insurance Law in North Carolina

Co-owner of car

My friend recently had her name put on the title of her 87 year old mother's car. Her mother had an accident that was her fault. Can the daughter be sued? She is listed on the policy as a co-owner as required by NC law, but not listed as a driver.


Asked on 12/18/06, 2:19 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Co-owner of car

In general, the owner is not liable for the driver's negligence, unless the driver was acting as the "agent" for the owner, or unless the "family purpose" doctrine applies. Unfortunately, however, there is a "presumption" that the driver is the agent of the owner. This presumption is rebuttable, but if the case were to ever go to trial, a jury would get to decide that issue. So, the daughter could be sued, but the result would not be clear. Your friend may want to consult an attorney and provide him or her with more facts.

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Answered on 12/18/06, 10:41 pm


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